Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20615 of 2018 Applicant :- Uttam Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dhirendra Kumar Pal, learned counsel for the applicant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that father of the victim has lodged FIR on 15.07.2016 for the occurrence dated 21.06.2016, under sections 363, 366, 506 IPC and 7/8 of the POCSO Act against three named accused, including the applicant Uttam with the allegation that his minor daughter, aged about 13 years, was enticed away the named accused persons. The victim was recovered after ten months of the alleged incident i.e., on 24.04.2017. In her statement recorded under section 161 Cr.P.C., the victim stated that she went in the company of the applicant on own volition and accord on 21.06.2016 and went along with applicant to Delhi, married in a temple, lived with her in-laws for two months and then returned to Agra and there lived with the applicant as husband and wife for nine months. As per medical examination the age of the victim was opined to be 18+. She remained in the company of the applicant for almost ten months, therefore, it is established that she is a consenting party to the entire episode. Attention of the Court was drawn to the earlier order dated 07.03.2018 wherein coordinate Bench of this Court, has enlarged rest of the two co-accused namely Sonu and Monu on bail in Criminal Misc. Bail Application No. 40399 of 2017. The applicant is in jail since 25.04.2017, 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, this Court is of the view that the applicant has made out a case for bail.
Let the applicant Uttam, involved in Case Crime No. 885 of 2016, under sections 363, 366, 376 (D), 506 IPC and 5 (G) f the POCSO Act, P.S. Kotwali, District Mainpuri 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 :- 30.5.2018 shailesh