Single judge bail application in a case involving offences under IPC 363, 366, 376 and POCSO. Court considered arguments for and against bail and granted bail with specific conditions.
Applicant released on bail with personal bond and two sureties, subject to conditions regarding court appearance and trial conduct.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38539 of 2021
Applicant :- Sadaan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Singh,Ratnesh Kumar Shukla,Saima Saher,Shailendra Nath Tiwari,Shikhar Tandon Counsel for Opposite Party :- G.A.,Ashok Kumar Singh,Preeti Dwivedi
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and Mohd. Arshad counsel for the informant and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.0168 of 2021, under Sections 363, 366, 376, 506 IPC and section 3/4 POCSO Act, Police Station Pilkhua, District Hapur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. As per version of the FIR and the statement of the victim recorded under section 164 Cr.P.C., the victim has clearly stated that she has love affairs with the applicant for last six months and the applicant had taken her to Delhi by a motorcycle and on her own sweet will she made relation with the applicant on the pretext of marriage, as such, offence under section 376 is not made out against the applicant. He further submitted that the victim had not supported the prosecution version and has turned hostile during the trial. The applicant is in jail since 14.4.2021 having no criminal history against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand, learned A.G.A. as well as Mohd. Arshad, counsel for the informant opposed the application for bail.
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.
Let the applicant- Saadan , 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 :- 5.12.2022 SFH
Digitally signed by SYED FAHIM HUSAIN Date: 2022.12.07 11:41:10 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail under Section 439 Cr.P.C. in a case involving offences under IPC 363, 366, 376 and POCSO Act.
6 provisions across 3 enactments
Saadan
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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