Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24339 of 2019 Applicant :- Sonu Saroj Opposite Party :- State Of U.P. Counsel for Applicant :- Vineet Kumar Yadav,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 32 of 2019 under Sections 363, 366 IPC, Police Station Gambhirpur, District Azamgarh, with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that the victim girl in her statements under Section 161 and 164 Cr.P.C. has not made any adverse statement against the applicant, rather she has stated that she had gone with the applicant with her own free will; in her statement under Section 164 Cr.P.C. she has stated her age 18 years and further stated that she is in love with the applicant Sonu and has married with him. She has further stated that applicant has not acted with her forcibly or one sided. It is further submitted that as per the medical examination of prosecutrix her age was about 18 years on the date of alleged incident. It has been lastly submitted that the applicant is still in judicial custody since 12.04.2019 having no previous criminal history. In case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Sonu Saroj involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 14.6.2019 LBY