Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22409 of 2019 Applicant :- Suraj @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.,Kaustubh Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pawan Kumar, learned counsel for the applicant, Mr. Kaustubh Srivastava, learned counsel for the complainant and Sri Prashant Singh, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Suraj @ Golu with a prayer to enlarge him on bail in Case Crime No. 103 of 2019, under Sections 363, 366, 376 I.P.C. and Sections 3/4 POCSO Act, Police Station-Pharenda, District-Maharajganj, during the pendency of the trial.
It has been argued by learned counsel for the applicant that for the alleged incident dated 22nd March, 2019, the first information report has been lodged on 24th March, 2019 by Harish Chandra i.e. the father and uncle of the victims, namely, Muniya and Priyanka respectively i.e. after two days from the date of incident, which makes the prosecution case doubtful. In the first information report, it has been alleged that the victim Muniya was enticed away by the co-accused Sonu, while the other victim Priyanka was enticed away by the applicant. It has further been argued by the learned counsel for the applicant that in the statements recorded under Sections 161 and 164 Cr.P.C., the victim Priyanka has stated that the applicant was known to her for the last four years. On 22nd March, 2019, she went to Chandigarh along with the applicant on her own free will, where they performed court marriage on 4th April, 2019. They stayed along with Muniya and Prem @ Sonu. She had established physical relations with the applicant on her own sweet will. The victim has not spoken anything negative against the applicant. It has further been argued by the learned counsel for the applicant that perusal of both the statements of the victim Priyanka indicates that the parties are consenting. Due to love affair with the victim, the applicant has been falsely implicated in the present case by her parents. As per medical examination report, the victim Priyanka is 16 years old. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 23rd April, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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.
(Manju Rani Chauhan, J.) Order Date :- 7.6.2019 Sushil/-