Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30078 of 2019 Applicant :- Surendra Pasi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Learned A.G.A. has filed counter affidavit today, which is taken on record.
Office report dated 26.9.2019 indicates that notice was served on informant but no one appeared on his behalf.
Heard Sri Manvendra Singh, learned counsel for applicant, Dr.S.B.Maurya, the learned A.G.A. and perused the records.
Applicant - Surendra Pasi, seeks bail in Case Crime No.193 of 2019, under sections 363, 366, 376(2) I.P.C. & 5j(ii)/6 Protection of Children From Sexual Offences Act, PS.Puramufti, District Kaushambi.
It is submitted by learned counsel for the applicant that First Information Report is malafidely motivated, the victim did not support prosecution case in the statement recorded under section 161 and 164 Cr.P.C. as she left the house on her own, victim appears to be in a consensual relationship with the applicant with whom she eloped, travelled from one place to another place, did not raise any hue and cry to attract public attention, coupled with the fact that as per radiological report she is reported to be 15-16 years which could probablise her age to be that of majority, the applicant claims to have no previous criminal history, as alleged in paragraph-21 of the affidavit, applicant is in jail since 16.6.2019, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Surendra Pasi involved in aforesaid case be released on bail on furnishing a personal bond and two heavy 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 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 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.
Order Date :- 27.11.2019 Rk