Heard learned counsel for applicant, learned A.G.A. as well as learned counsel for the complainant and perused the record.
This bail application has been preferred by the accused-applicant, Waheed Khan Alias Chotu, who is involved in Case Crime No.809 of 2015, under Sections 363, 366, 376I.P.C and 3/4 POCSO Act, P.S.-Naini, District- Allahabad.
Learned counsel for the applicant in support of his prayer for bail submits that applicant is innocent and he has been falsely implicated in the present case. He neither kidnapped the victim nor committed rape with her. During medical examination no external mark of injury was found on her person. In her statement recorded under section 161 Cr.P.C on 21.10.2015 she has not supported the prosecution version. After delay of one month her statement under section 164 Cr.P.C was recorded wherein she under influence of her family members alleged that she was kidnapped by the applicant but she did not make any allegation about rape against the present applicant. The applicant has no criminal history to his credit.
On behalf of State and complainant bail has been opposed and it has been stated that after about two months and ten days the victim was illegally confined by the present applicant.
In response, learned counsel for the applicant submits that he has been enlarged on bail in that case.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Waheed Khan Alias Chotu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 of the Indian Penal Code;
(iii). 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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.
Order Date :- 24.5.2016 G.S