Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34185 of 2021 Applicant :- Vishal Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
No one has chosen to appear in this matter on behalf of the complainant/informant in spite of service of notice.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 204 of 2021, under Sections 376, 452, 506 IPC and 3/4 POCSO Act and Section 3(2) (V) S.C./S.T. Act, Police Station - Rasra, District - Ballia with the prayer to enlarge the applicant on bail.
The FIR was lodged by the complainant about the alleged incident of molestation meted out to the complainant's daughter by the present accused Vishal Rajbhar. He is alleged to have forcibly entered the complainant's house on 15.07.2021, the alleged victim made cries, the complainant reached there and asked the present accused how he dared to come to her house. Then, the present accused is alleged to have run away brandishing knife.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for applicant that initially there was no allegation of rape against the present accused, but later on, the alleged victim has improved her statement levelling the allegation of rape against the present accused in her statement recorded under Section 164 Cr.P.C. It is further submitted that there are no external or internal injuries on the person of the alleged victim when she was medically examined and her age was tested to be 17 years. It is also submitted that the applicant has no criminal history. Lastly, it is argued that the applicant is in jail since 20.07.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Vishal Rajbhar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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 of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.12.2021 LBY