In a bail application under Sections 376 IPC and POCSO Act, the High Court issued bail to the applicant, attaching conditions to ensure trial attendance and proceedings without affecting the trial court's final opinion.
Released on bail furnishing personal bond and two sureties, subject to attendance conditions and prohibition of delay in trial.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10457 of 2022 Applicant :- Amrish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Safiullah,Saurabh Varshney,Tripurari Pal Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.Learned counsel for the informant is present.
Supplementary affidavit filed today is taken on record.
The applicant seeks bail in Case Crime No. 47 of 2022, under Sections 376 IPC and Section 3/4 of POCSO Act, 2012, P.S. Baniyather, District Sambhal.
Initially FIR was lodged under Section 354 IPC against the applicant for misbehaving with the minor daughter of the informant. During investigation, the case was converted to Section 376 IPC on the basis of statement of prosecutrix under Section 164 Cr.P.C.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further contended that the witnesses of fact i.e. P.W.-1 to P.W-3 (which includes informant, victim and one Pappu) have turned hostile and have not corroborated the prosecution story. On these grounds, learned counsel for the applicant has prayed for grant of bail. The applicant is in jail since 27.01.2022 and has no criminal history. Chargesheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
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- Amrish, 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 :- 24.11.2022/RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.24 16:39:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused of rape and child sexual offences, is a fit case for bail.
4 provisions across 2 enactments
Amrish
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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