Shudhir Yadav Vs State of U.P. and Another

Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34973 of 2020

Applicant :- Shudhir Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.30 of 2020, under Section 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Mardeh, District Ghazipur.

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Learned counsel for the applicant submits that according to FIR, victim aged about 14 years was enticed away by the applicant on 02.03.2020. He further submits that in statement under Section 164 Cr.P.C. the victim has stated that she had love affair with the applicant and she wants to live along with the applicant out of her own will. He also submits that as per medical report she was 16-17 years old in which two years variation either side is possible. He next submits that the applicant has not committed any offence and he has been falsely implicated in the present case. He further submits that 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 and the applicant is languishing in jail since 04.03.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that as per FIR, the victim was aged 14 years and as per ossification test she was 16 years minor.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, as per medical report age of the victim, statement of the victim under Section 164 Cr.P.C. that she had love affair with the applicant 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- Sudhir Yadav involved in 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

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the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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 of cancellation of bail.

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Order Date :- 9.12.2020 MAA/-

Shudhir Yadav v. State of U.P. and Another

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Shudhir Yadav v. State of U.P. and Another

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