Court granted bail to applicant Yadav Singh in a criminal offence under IPC Section 368, directing the furnishing of a personal bond and two sureties subject to specific conditions regarding trial attendance and conduct.
Applicant released on bail on personal bond and two local sureties subject to specific conditions.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31187 of 2020
Applicant :- Yadav Singh Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Pratap Pal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,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 release the applicant on bail in Case Crime No. 18 of 2020, Under Section 368 I.P.C., Police Station- Iradatnagar, District- Agra.
As per F.I.R. version, daughter of the informant is a teacher in Jagram Ucchatar Madhyamik Vidyalaya. On 29.02.2020, one Madan Singh son of Yadav Singh has enticed her away and they have seen by Radha Krishna one of the villagers. Learned counsel submitted that applicant has been falsely implicated in the present matter in a forged and fictitious F.I.R. for some ulterior motive. The applicant's boy is aged about 18 years old and in support of his contention he has filed his High School Certificate (Annexure No. 1). It is further submitted that on 01.03.2020, father of the applicant as well father of the girl have jointly filed an applicant before the S.H.O., Police StationIradatnagar, District- Agra, on the ground that boy and girl are missing and they are nephew and aunty in their relation. At the subsequent stage, father of the girl namely Mahesh Chandra has lodged F.I.R. on 03.03.2020 against the boy Madan Mohan, accusing him for inducing under Section 366 of I.P.C. It is further submitted by the learned counsel for the applicant that both the boy and girl are the descendents from the common ancestral and are in relation. It is next submitted that girl is older than the boy who is doing teaching job in the School and she is more than 25 years, therefore, there is no question of inducing her by the boy. Learned counsel for the applicant further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. 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 13.06.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be
adjudicated at pre trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, nature of allegation and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant- Yadav Singh involved in Case Crime No. 18 of 2020, Under Section 368 I.P.C., Police Station- Iradatnagar, District- Agra, 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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.
(v) 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 and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 13.10.2020 Sachin Tiwari
1 issue framed by the court
Whether the applicant is entitled to bail despite pre-trial allegations of enticement under IPC Section 368.
5 provisions across 2 enactments
Yadav Singh
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
