Single judge court released applicant Anil on bail in a child sexual offence case where he was not named in the F.I.R. but arrested based on mother's statement. Appellant must cooperate in tracing the victim, not flee, and submit to criminal inquiry.
Released on bail on personal bond with two sureties subject to conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11295 of 2019
Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Babita Shukla, Ram Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Ram Prakash Shukla, Advocate has filed rejoinder affidavit on behalf of the applicant in Court today, is taken on record.
Heard Sri Ram Prakash Shukla, learned counsel for the applicant, Sri Mohd. Shoaib Khan, 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, Anil with a prayer to release him on bail in Case Crime No. 79 of 2018, under Sections 363, 366, 120-B I.P.C. and under Section 7/8 Protection of Children from Sexual Offence Act, Police Station- Line Bazar, District- Jaunpur , during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has not been named in the F.I.R. He is the father of the named accused Neeraj. As per the allegations made in the F.I.R., daughter of the informant was persuaded by the named accused to go along with him, on 19.02.2018, at about 3 o'clock in the night. After searching when she could not be traced, present F.I.R. has been lodged. There is no evidence regarding involvement of the applicant in the present case. Name of the applicant has surfaced in the statement of the mother of the victim, wherein she has stated that the applicant knows about the whereabouts of her daughter on which the applicant has been arrested. It is next submitted that if he is released on bail he will cooperate in tracing the girl and not leave the concerned police station. The applicant is languishing in jail since 02.01.2019. The applicant has no criminal history except in the present case. 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.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440 , if there is no legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight
Order Date :- 25.7.2019 Priya
3 issues framed by the court
Whether the applicant should be released on bail despite not being named in the F.I.R. and having been arrested based on other statements.
Whether conditions such as ensuring cooperation in tracing the victim-girl and availability to police should be imposed on the applicant's bail.
Whether the trial court should be directed to expedite the trial of the underlying case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherReferred¶18
AIR 2018 (SC) 2440 · Who else cites this
2 provisions across 2 enactments
Anil
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
Parties & counsel
