Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23564 of 2019 Applicant :- Yogesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh,Ranjeet Singh,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicant, Sri Amrit Raj, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Yogesh with a prayer to release him on bail in Case Crime No. 659 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Sirsaganj, District- Firozabad, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the medical report, the prosecutrix is aged about 16 years. It is next argued that as per the version of F.I.R., the prosecutrix was enticed away by the applicant and one unknown person. After recovery of the prosecutrix, her statement under Section 161 Cr.P.C. was recorded wherein she has not stated anything against the applicant and has spoken that she had left her house out of her own sweet will and nobody had committed any offence upon her. In the statement of the victim before the doctor, she has changed her version as narrated in her statement U/s 161 Cr.P.C. However, her statement recorded under Section 164 Cr.P.C., in which she has diluted her version, firstly, she has stated that she had left her house out of her own sweet will but lastly, she has stated that the applicant had sexually assaulted her. Seeing the variations in the version of F.I.R. as well as in the statements of the victim under Sections 161 and 164 Cr.P.C., the learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is languishing in jail since 02.12.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 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 of the Indian Penal Code.
(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. 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 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.
Order Date :- 6.6.2019 JK Yadav