Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18240 of 2019 Applicant :- Vikram @ Vishnu Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Sanjay Singh for the applicant and Shri Amit Sinha, learned AGA for the State.
This bail application has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 582 of 2018, under Sections 363, 366 of IPC, Police Station-Milak, District- Rampur.
As per prosecution case, on 11.11.2018, applicant Vikram abducted prosecutrix a minor girl.
Counsel for the applicant submits that prosecutrix was a consenting party and in her 164 Cr.P.C. statement, she has categorically stated that she was having affairs with the applicant. He submits that as per ossification test, prosecutrix appears to be above 18 years. It has been argued that even as on date the applicant wants to live with prosecutrix and vice versa prosecutrix also wants to live with the applicant. Lastly, it has been submitted that the applicant is in jail since 27.03.2019.
On the other hand, learned AGA opposes the application for bail.
Considering the facts and circumstances of the case, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Vikram alias Vishnu be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 I.P.C.
(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 I.P.C.
(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 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 :- 30.4.2019 nethra