Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20172 of 2018 Applicant :- Tauqeer Javed @ Shobhi Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ahmad Naseem Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Certified copy of the FIR has filed today is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 167 of 2017, Sections 363, 366A, 506 IPC, and Section 3/4 POCSO Act P.S. Atarsuyyia, District Allahabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the brother of the victim has lodged FIR on 01.10.2017 against the applicant and six others family members under Sections 363 and 506 IPC which is said to have been taken place on 30.09.2017 that her sister is aged about 14 years and student of class VII in Bishop Jhonson School, Allahabad was enticed away by the applicant. It was admitted in the FIR itself that there is love angle involve in the present case. The girl was eventually recovered after 1-1/2 months at Railway Station Allahabad on 11.11.2017. Thereafter the victim was put for ossification test and as per ossification report she is more than 16 years and less then 18 years of age. She in her statements under Sections 161 and 164 Cr.P.C. has candidly favour for the applicant and states that she went to Varanasi and thereafter she has performed Nikah at Varanasi and went to Delhi and then Ghaziabad and remain in Ghaziabad with him for 1-1/2 months and presently they are residing as husband and wife. He lastly submitted that the applicant is in jail since 11.11.2017 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, considering the conduct and present status that they are residing as husband and wife I find it to be a fit case for bail.
In view of the above, let the applicant- Tauqeer Javed @ Shobhi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 167 of 2017, Sections 363, 366A, 506 IPC, and Section 3/4 POCSO Act P.S. Atarsuyyia, District Allahabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER 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/her 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 :- 29.5.2018 Abhishek Sri.