Shivam Baliyan @ Vishvendra Vs State of U.P. and Another

Court No. - 6

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25952 of 2020

Applicant :- Shivam Baliyan @ Vishvendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais,Mohammad Faisal Khan

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Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

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By means of this application, the applicant, who is involved in Case Crime No. 1000 of 2019, under Sections 363, 366, 376, 420, 467, 468, 471 IPC and 3/4 Protection of Children from Sexual Offences Act, police station Deoband district Saharanpur, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 27.11.2019 mother of victim has lodged the first information report against the applicant for the offence under Sections 363 and 366 IPC with regard to alleged incident dated 26.11.2019 alleging inter alia that in the night of 26.11.2019, her daughter was enticed away by the applicant.

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The main substratum of argument of learned counsel for the applicant is that victim in her statements recorded under Section 161 Cr.P.C. as well as under Sections 164 Cr.P.C. did not support the prosecution case and she has also disclosed that her family members have lodged a false case in the matter. It is next contended by learned counsel for the applicant that the victim is aged about 19 years and she herself refused for her medical examination. It is also pointed out that victim has solemnized her marriage with the applicant on her free will and she is also having a pregnancy of seven months, as such she is consenting party. It is next contended that there is

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no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 30.6.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Shivam Baliyan @ Vishvendra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(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.

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(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.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence

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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.

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(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.

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(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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(vii) 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.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order

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Order Date :- 7.12.2020 Sumaira

Shivam Baliyan @ Vishvendra v. State of U.P. and Another

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Shivam Baliyan @ Vishvendra v. State of U.P. and Another

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