Heard learned counsel for the appellant, learned AGA for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 17.7.2019 passed by learned Special Judge POCSO Act,/Additional District Judge, Court No. 7, Faizabad in Bail Application No. 110 of 2019, arising out of Case Crime No. 86 of 2019, under Section 3(2) V SC/ST Act, Police Station Haidargarh, District Faizabad as well as order dated 21.6.2019 passed by Special Judge, POCSO Act,/Additi9onal District Judge, Court No. 7, Faizabad in Bail Application No. 81 of 2018 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, Police Station Haidargarh, District Faizabad. The Presiding Officer has rejected the bail application of the appellant vide impugned orders dated 17.7.2019 and 21.6.2019.
Learned counsel for the appellant argued that in the statement recorded under section 161 Cr.P.C., which is on record, the victim has stated that she was in love with the appellant and the friendship of the victim, was opposed by her parents. It was further stated that she had gone on her accord and had entered into physical activity voluntarily, however, in the statement recorded under section 164 Cr.P.C. there is variance wherein it has been stated that one Priti who was envious with the victim, wanted to marry with the appellant forcefully. It was also argued that the appellant has no criminal antecedents and is in jail since 11.4.2019.
Considering the submissions made at the bar, without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be released on bail.
Let appellant-Shobhit Lal Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellant 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.
(iii) The appellant 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.
(iv) In case, the appellant 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.
(v) The appellant 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.
Appeal is, accordingly, allowed.
Order Date :- 30.9.2019 Puspendra