Single judge allowed bail to the applicant in a rape and molestation case involving a minor, imposing strict conditions regarding presence in court and non-tampering with witnesses.
Release on bail with personal bond and two local sureties subject to conditions of appearance and non-tampering.
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Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25495 of 2020
Applicant :- Suraj Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Rai,Anjani Kumar Rai,Mangla Prasad Rai(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.149 of 2020, under Sections 354B, 376, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Prem Nagar, District Jhansi.
Learned counsel for the applicant submits that according to the FIR version age of the victim was 12-13 years and as per academic record date of birth of the victim is 26.10.2007 and on 15.5.2020 applicant while departing tuition molested her. It is also submitted that in her statement recorded u/s 161 & 164 Cr.P.C. she has reiterated the version of prosecution. He submits that as per allegation offence u/s 7/8 POCSO Act is attracted for which three years punishment is provided and applicant is languishing in jail since 21.5.2020. 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.
Per contra, learned A.G.A. has opposed the bail prayer by contending that, as per FIR, victim was minor at the time of incident and as per statements recorded u/s 161 & 164 Cr.P.C. she has levelled allegation of fingering against the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per FIR, applicant molested the victim and as per her statement applicant molested and did fingering in her private part and punishment provided for three years, without expressing any opinion on the merit of the case, the applicant is entitled for
bail, let the applicant- involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 10.12.2020
m.a.
1 issue framed by the court
Whether the applicant is eligible for bail in the pending trial for molestation and fingering a minor.
Suraj Ahirwar
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
