1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.276 of 2020 under Sections 363, 366, 323, 506 IPC, Police Station Sidhauli, Sitapur.
3. Allegations against the accused-applicant that he enticed away the prosecutrix who was 14 years of age at the time of the incident. The prosecutrix was recovered on the same day. In her statement which was also videographed, the prosecutrix did not support the prosecution version and said that she went on her own with the accused-applicant as she was in love with him and she wanted to marry the accused-applicant. Statement of the prosecutrix under Section 164 Cr.P.C. was recorded after eight days from the date when she was recovered and, during this period she remained in the custody of her parents. In her statement recorded under Section 164 Cr.P.C., the prosecutrix changed her version and said that the accused-applicant enticed her away. Prima facie stand of the prosecutrix in her statement recorded under Section 164 Cr.P.C. is not convincing.
4. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
5. Let applicant Shiva Nigam be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 17.2.2021 prateek