Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31165 of 2019 Applicant :- Sony Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sunil Kumar Tiwari, learned counsel for the applicant and learned A.G.A. for the State.
2. This application for bail has been filed by applicant- Sonu seeking his enlargement on bail in Case Crime No. 101 of 2019 under Sections 452, 376, 323 504 and 506 I.P.C., P.S.- Hastinapur, District-Meerut during the pendency of the trial.
3. Perused the record.
4. In respect of an incident, which occurred on 26.05.25019, an F.I.R. dated 31.05.2019 was lodged by the prosecutrix-Smt. Kajal, which was registered as Case Crime No. 0101 of 2019 under Sections 452, 376, 323 504 and 506 I.P.C., P.S.- Hastinapur, District-Meerut. In the aforesaid F.I.R., four persons, namely, Sonu, Monu, Kiran and Site were nominated as the named accused. The statement of the prosecutrix was recorded under Section 161 Cr.P.C. on 31.05.2019 followed by her statement under Section 164 Cr.P.C. on 06.06.2019. The prosecutrix was medically examined on 04.06.2019.
5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the above mentioned case crime number. The applicant is innocent and is in jail since 07.06.2019. He then submits that the prosecution story as unfolded in the statements of the prosecutrix under Sections 161 Cr.P.C. as well 164 Cr.P.C. are highly improbable. The applicant has been implicated in the above mentioned case crime number on account of enmity as in respect of an incident which occurred on 25.05.2019, the Bhabhi of the applicant namely Priyanka has filed an application under Section 156 (3) Cr.P.C. which was directed to be treated as a complaint vide order dated 25.06.2019 passed by the Additional Chief Judicial Magistrate, Court No.7, Meerut. Thus, the present proceedings have been initiated as a counter blast to the aforesaid criminal proceedings initiated by Smt. Priyanka. On the aforesaid factual premise, learned counsel for the applicant submits that the applicant is liable to be enlarged on bail.
6. Per contra, the learned AGA has opposed the prayer for bail. However, the learned A.G.A. could not dispute the factual and legal submission made by the learned counsel for the applicant.
7. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the allegations made in the F.I.R. as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
8. Let the applicant- Sony be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C.
(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., 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, in accordance with law, under section 174-A I.P.C.
(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 him 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.
9. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his 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 :- 21.8.2019 YK