Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24785 of 2021 Applicant :- Zeeshan Opposite Party :- State of U.P.
Counsel for Applicant :- Sikandar Khan
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 163 of 2021, under Section 363, 354A, 323, 506 IPC, & 7/8 POCSO Act, P.S. Sikandrabad, District Bulandshahr.
Learned counsel for the applicant submits that according to FIR version, daughter of the informant aged 14 years went missing on 14.03.2021 at 8.00 p.m. and returned on 15.03.2021 at 08.00 a.m. He further submits that it is alleged that applicant by enticing took the victim away and kept her confined in his house and committed obscene activity with her and threatened of dire consequences if she tells to anyone. He also submits that there is contradiction in the statement of the victim under Section 161 & 164 Cr.P.C.. In statement under Section 161 Cr.P.C.the victim has stated that applicant took her at his house, committed marpeet, bit her on the neck and locked her into the room and when he slept, she escaped and went to her maternal aunt's house and in statement under Section 164 Cr.P.C. she has stated that applicant took her away to Kalepeer, bit her on chest, slapped her several times and tied with a tree. As per medical report bite mark on right clavicular area has been found. He also submits that victim has friendship with the sister of the applicant and she came to his sister and returned in the morning. Informant was beating the victim on intervention, applicant interfered that is why he has been falsely implicated in the present case. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 17.03.2021.
Per contra, learned A.G.A. opposed the bail prayer of the applicant by submitting that in the medical report, bitt mark on right clavicular area and read abrasion on the root of the nose has been found, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, victim going away on 14.03.2021 at 8.00 p.m. and returned on the next day in the morning and statement under Section 161 and 164 Cr.P.C., nature of allegation and perusing the materials on record without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Zeeshan 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.9.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.09.27 17:26:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad