1. Heard Sri Roshan Babu Gupta, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.
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. 279 of 2020, under Sections 376, 363, 366 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station - Sandi, District - Hardoi.
3. Submission of learned counsel for the applicant is that first information report of the case has been lodged by the father of the prosecutrix, alleging that applicant has enticed his minor daughter and took her away and consequently as the prosecutrix was missing the present first information report was been lodged.
4. It is next submitted by learned counsel for the applicant that subsequently the prosecutrix was recovered and her statements under Sections 161 and 164 Cr.P.C. were recorded and she in both the statements has stated that she is known to applicant and they were in a relationship and she has voluntarily left her house and wanted to marry with the applicant. In the medical examination report of the prosecutrix her age has been determined to be seventeen years and hence looking into the age determined in her medical examination report, it cannot be conclusively said that prosecutrix is minor. It is lastly submitted that the applicant is in jail since 03.03.2021.
5. 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.
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 taking note of the facts that the prosecutrix left her parents house voluntarily and went with the applicant on her own free will, the applicant was known to prosecutrix and they were in a relationship coupled with the fact that she wanted to marry with applicant and keeping in mind the age of the prosecutrix as determined in her medical examination report, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
7. Let applicant Sumantra @ Mantri be released on bail in Case Crime No. 279 of 2020, under Sections 376, 363, 366 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station - Sandi, District - Hardoi, 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. This order shall not influence the trial Court for proceeding with the trial.
10. The application stands disposed of.
Order Date :- 26.8.2021 A. Verma (Alok Mathur, J.)