Court granted bail to Naushad in a POCSO and IPC case involving child abduction and rape. Despite prosecution alleging minor status, bail allowed on personal bond. Strict conditions imposed regarding court attendance and trial conduct.
Enlargement on bail with personal bond and two sureties subject to strict conditions of court attendance and no delay.
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Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18611 of 2016
Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Cr. P. C. was recorded, in which she named some of the accused persons, but no allegation of rape having been committed upon her was alleged. After expiry of a period of 13 days, the statement of the prosecutrix under section 164 Cr. P. C. was recorded, in which she implicated six persons including the present applicant and also alleged commission of rape upon her by the accused persons. The police upon completion of statutory investigation of the aforesaid case crime number in terms of Chapter 12 Cr. P. C. has submitted the charge sheet against six persons namely Kallu, Yamin, Momin, Julfikar, As Mohammad and the present applicant Naushad. Upon submission of the charge sheet, cognizance was taken by the Court concerned and case was committed to the Special Court, where it has been registered as S.S.T. No. 121 of 2015 (State Vs. Naushad and others). On date, P.W. 1 has been examined.
by this Court. Learned A.G.A. could not point out any such difference in the case of the present applicant and the other coaccused, on the basis of which bail should be denied to the present applicant. Consequently, the bail application of the present applicant is allowed.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C..
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
Order Date :- 31.7.2019 HSM
2 issues framed by the court
Whether bail should be granted to the applicant accused in a case involving child sexual offences given the prosecution witness's age.
Whether the conditions for bail can be imposed to ensure the applicant's presence and conduct during the trial.
6 provisions across 3 enactments
Naushad
Rajeev Misra
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajeev Misra and J.
Parties & counsel
