Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31258 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Awadh Mishra,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sudhir Kumar (Chandraul) Hon'ble Mrs. Manju Rani Chauhan,J. Supplementary affidavit filed today is taken on record.
Heard Sri Ram Awadh Mishra, learned counsel for the applicant, Sri Sudhir Kumar (Chandraul), learned counsel for the informant, Sri Sheetal Prasad Chakravorty, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Shivam with a prayer to enlarge him on bail in Case Crime No.390 of 2016, under Sections 363, 366, 376(2)(d) I.P.C. & Section 3/4 of POCSO Act, Police Station Saini, District Kaushambi.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR on 13.6.2016 at about 8 p.m. the informant's daughter was enticed away by the applicant Shivam. When the informant went to the house of the applicant to complain about the same, the family members of the applicant asked him to go from there and after using abusive language they also threatened to kill him, for which the present FIR has been lodged. The victim has been safely recovered and her statement under Section 164 Cr.P.C. has been recorded in which she has stated that she knew the applicant for the last 5-6 months and she loves Shivam (applicant) and wants to marry him. As per medical report, the age of the victim is 18 years. The parties appear to be consenting. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 26.04.2018. Accordingly, he requests for bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 :- 31.7.2019
Anand Sri./-