Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15542 of 2018 Applicant :- Udai Bhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Sanjeev Khare, learned counsel for the applicant, learned AGA and perused the record.
The FIR in the instant case was registered in Case Crime No. 1659 of 2014 under sections 363 and 366 IPCon 27.09.2014 at 21.15 hours, by the mother of the victim with the allegations that the present applicant along with accomplices enticed away her 15 years old daughter at about 9.00 P.M. on 31.03.2014.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that the victim and the applicant were having physical relationship and both of them went to Delhi, remained in seclusion for five good years and their whereabouts were not known to anyone during the aforesaid period. In the elapse of time, the alleged victim married the applicant in a temple at Delhi, became husband and wife and turned pregnant and out of their wedlock they were blessed with one baby child. The victim girl herself has denied even before the court below that she is not inclined to accompany her parents, rather expressed her willingness to lead her life with the applicant and live with him as wife and husband. According to the medical examination report the victim is aged about 20 years. It has been lastly urged that the applicant is in jail since 30.03.2018, having no criminal antecedents to his credit.
Learned AGA 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 Udai Bhan, involved in Case Crime No. 1659 of 2014, under sections 363, 366, 376 IPC and 4 of the Protection of Children from Sexual Offences Act, P.S. Kabrai, District Mahoba 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 :- 26.4.2018 shailesh