Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28802 of 2019 Applicant :- Shoeb Opposite Party :- State Of U.P.
Counsel for Applicant :- Sufia Saba Counsel for Opposite Party :- G.A.,Sayeed Saif Ullah
Hon'ble Rahul Chaturvedi,J.
Heard Ms. Sufia Saba, learned counsel for the applicant, Sri Firoz Haider, Advocate holding brief of Sri Sayeed Saif Ullah, learned counsel for the informant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 127 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Mansoorpur, District Muzaffar Nagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that though the applicant is named in the FIR. As per the medical her age comes around 18 years. She in her statement under Section 164 Cr.P.C. has clearly stated that she remained in the company of applicant for couple of the days but both the parties has agreed that as the applicant manage to come from jail he would marry her, this fact was not denied by learned counsel for the informant. Learned counsel for the applicant has nodded in affirmative that in the event the applicant is released on bail as per promise given by the applicant that he would marry the victim. He lastly submitted that the applicant is in jail since 22.03.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Shoeb be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 127 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Mansoorpur, District Muzaffar Nagar with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.7.2019 Abhishek Sri.