1. Heard Sri Arvind Kumar Tiwari, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No.15/2021, under Sections 363 and 368 I.P.C., Police Station - Naveen Modern Police Station Shrawasti, District - Shrawasti.
3. Submission of learned counsel for the applicant is that the complaint was lodged by the father of the prosecutrix stating that his minor daughter has been kidnapped by the applicant. Subsequently, the police recovered the minor girl on 07.03.2021 from a Bus Stand, which is a public place where the girl was accompanying the applicant. Pursuant to the recovery, statement under Section 161 of Cr.P.C. of the prosecutrix was recorded where she has not made any mention of illegal detention by the applicant. She has admitted that she knew the applicant and she has promised her mother that she will not meet the applicant again, which indicates that there was some pre existing relation between the applicant and the prosecutrix. The statement under Section 164 Cr.P.C. has also been subsequently recorded where again, there is no mention that the applicant has taken the prosecutrix out of lawful custody of her parents. It is also stated that the girl was recovered on the same day when the F.I.R. was lodged. Learned counsel for the applicant submits that even from a perusal of F.I.R. and the statement of prosecutrix recorded under Sections 161 and 164 of Cr.P.C. would indicate that no offence has been committed by the applicant and he has been unnecessarily implicated. The applicant is in jail since 10.03.2021.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. I have heard learned counsel for the applicant and perused the F.I.R. along with other material brought for including the Statements recorded under Sections 161 and 164 Cr.P.C., which prima facie does not implicate the applicant.
6. 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.
7. Let applicant Siraz @ Sirazuddin be released on bail in Case Crime No.15/2021, under Sections 363 and 368 I.P.C., Police Station - Naveen Modern Police Station Shrawasti, District - Shrawasti, 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.
8. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
9. The application stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.5.2021 Sachin