Single judge court granted bail to an applicant accused of molesting a minor. The court found it fit to grant bail while issuing strict conditions regarding court attendance and trial conduct.
Release on bail with personal bond and two sureties subject to strict conditions regarding court attendance and trial conduct.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41007 of 2021
Applicant :- Ram Chandra Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Office report dated 18.11.2021 reveals that notice has been served upon opposite party no.2 personally but none is present on her behalf.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The applicant seeks bail in Case Crime No. 56 of 2021, under Sections 452,354 Ka, 504, 506 IPC and Section 9M/10 of the Protection of Children From Sexual Offences Act, 2012 and Section 3(1)(Da), 3(1) (dha) of SC/ST Act, P.S. Derapur, District Kanpur Dehat.
As per prosecution story, applicant is said to have molested the minor daughter (aged about 14 years) of the informant while she was alone in her house.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim in her statement said to have been recorded under Section 164 Cr.P.C. has not levelled any serious allegation against the applicant.Only role of catching hold her from behind is alleged.
It is further contended that the applicant has been falsely implicated due to some money dispute which was taken by the informant's husband during pandemic. It is further submitted that applicant is a married person having two children. It is further submitted that the victim has refused to be medically examined and that there is no external or internal injury seen. The applicant is in jail since 18.07.202 and has no criminal history.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary. He submits that the investigation is now complete and the charge sheet has been filed.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.
Let the applicant- Ram Chandra Dubey, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 IPC.
(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 IPC.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 2.12.2021/RavindraKSingh
2 issues framed by the court
Whether the applicant is entitled to bail in a charge involving molestation of a minor under POCSO and SC/ST Act.
Whether procedural irregularities in the investigation justify the grant of bail.
7 provisions across 4 enactments
Ram Chandra Dubey
Shekhar Kumar Yadav
As recorded by the court registry
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