1. Heard Ms. Chhaya Tripathi, learned counsel for the applicant and the learned A.G.A. for the State.
2. The applicant is an accused in case crime No.0583 of 2019, under Section- 376 (3), 506 of IPC and 3/4 of Prevention of Children from Sexual Offences Act, police station Lalganj, District Raebareli.
3. Learned counsel for applicant has submitted that the first information report was lodged in pursuance to the order of Magistrate under Section 156 (3) Cr.P.C. on 13.12.2019. The said first information report relates to the incident which occurred on 25.8.2019 wherein it has been stated by father of the prosecutrix that when she was returning from the fields carrying some fodder on her head, she was accosted by the applicant, who sexually molested her and committed rape. Subsequently, the matter was reported to the police but the first information report was not registered and consequently application under Section 156 (3) Cr.P.C. was filed before the Magistrate concerned on 31.8.2019.
4. The prosecutrix has supported the version of the prosecution in her statements under Section 161 and 164 Cr.P.C. and further that the applicant is minor in as much as her date of birth has been shown to be 7.1.2007. It has been vehemently submitted by learned counsel for the applicant that entire version of the F.I.R. is clearly malafide and false in as much as there was a dispute between two families of the applicant and the prosecutrix which is evidenced from the agreement entered into between the applicant and the sister of the prosecutrix on 27.3.2019. According to the said proceedings which were initiated under Section 151/107/116 Cr.P.C. there seems to have been a dispute between the applicant and the sister of the prosecutrix resulting in filing of bail bonds to maintain peace by both the parties which have been annexed along with application. It is also submitted that it is a consequence of the said dispute that the present first information report has been lodged. It has also been submitted that there is no explanation of delay from the date of occurrence of the incident till filing of the complaint on 31.8.2019. Lastly, it has been submitted that the applicant is languishing in jail since 29.1.2020.
5. Learned AGA has opposed the prayer for bail but he could not dispute the facts as argued by the counsel for the applicant.
6. Considering the fact that even though the prosecutrix has supported the case of the prosecution but it is admitted that there was a dispute between family of the prosecutrix and the applicant resulting into agreement dated 27.3.2019 where both the sides have filed bail bonds for maintaining peace it cannot be said that the present proceedings are not vitiated by malafide depicted during occurrence on the date of incidence and also considering the fact that the applicant is languishing in jail since 29.1.2020 and has spent nearly one and half years in jail and without expressing any opinion on the merits of the case, I consider it a fit case for grant of bail.
7. Let applicant, Shivam @ Narendra Kumar, involved in case crime No.0583 of 2019, under Section- 376 (3), 506 of IPC and 3/4 of Prevention of Children from Sexual Offences Act, police station Lalganj, District Raebareli be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he would 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 CrPC. 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.
8. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 19.8.2021 (Alok Mathur, J.) RKM.