The court granted bail to the applicant in a case involving IPC sections and POCSO, noting the victim was a consenting 20-year-old. Bail was subject to specific conditions ensuring court presence and no abuse of liberty.
Aman released on bail via personal bond and two heavy sureties subject to conditions regarding court attendance and conduct.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12965 of 2022
Applicant :- Aman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.,Saumya Srivastava
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Mirza Faheem Beg, learned counsel for the applicant, learned A.G.A. for the State, Ms. Saumya Srivastava, learned counsel for High Court Legal Services Authority and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 200 of 2021, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Sikandara, District Kanpur Dehat with the prayer to enlarge the applicant on bail.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. As per statement of the victim recorded under Sections 161 and 164 Cr.P.C., no serious allegations have been assigned to the applicant. The victim has stated in her statement that she is having love affairs with applicant. He has further submitted that the victim has visited Delhi and stayed with applicant about one month and during this period, she has not raised any alarm, hence, the victim is a consenting party. He has further submitted that as per medical report, no injury has been found on the body of the victim and she has been found 20 years at the time of incident. The applicant is in jail since 04.10.2021 and in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for High Court Legal Services Authority have opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.
Keeping in view the submission of learned counsel for the parties, considering the period of detention of the applicant, considering all other attending facts and circumstances of the case particularly seeing the fact that the victim is a consenting party aged about 20 years, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant- Aman , involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(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 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 :- 25.5.2022
Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.05.27 16:27:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant charged under Sections 363, 366, 376 IPC and 3/4 POCSO Act.
Whether the victim's consistent party status and age influences the bail application.
Aman
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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