Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28413 of 2019 Applicant :- Taslim Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A., ,Devendra Kumar Tiwari
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for opposite party no.2 as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.81 of 2019, under Section 376, 506 IPC and Section 3/4 of POCSO Act, Police Station-Hafizganj, District- Bareilly is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the FIR was registered by one Shamshul Hasan(father of the victim) against as many as nine named accused persons. The age of the victim in the FIR is shown as 15 years whereas in her medical examination, the age of the victim comes around 17 years. As per the statement of the victim recorded under Section 161 and 164 Cr.P.C., it is clearly indicative of the fact that there was a promise by the applicant to marry with the victim and thereafter he established physical relationship with her and when she became pregnant, the applicant has wriggled out from his promise. Learned counsel for the applicant has relied upon the judgment of Hon'ble the Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra & Ors. AIR (2019) SC 327 to buttress his contention. The girl understands the far-reaching repercussions of this relationship and even after knowing all the facts, she has consistently established physical relations with the applicant. She appears to be consenting party. The applicant is languishing in jail since 27.04.2019, having no criminal antecedents to his credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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-Taslim, involved in case crime no.81 of 2019, under Section 376, 506 IPC and Section 3/4 of POCSO Act, Police Station-Hafizganj, District-Bareilly be released on bail 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 IPC.
(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 IPC.
(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.
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.
Order Date :- 31.7.2019 Sumit S