Single judge allowed bail to applicant charged with rape and POCSO offences, noting age and lack of medical corroboration as factors, imposing strict appearance conditions.
Applicant released on bail by furnishing personal bond and two heavy local sureties subject to strict conditions of attendance.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5102 of 2023
Applicant :- Naseem @ Mamu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Chandra Pandey,Rajiv Kumar Mishra,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
of the counter affidavit. He next submits that perusal of the F.S.L.report shows that the applicant is not a biological father of the child, copy of which is annexed as Annexure-CA3 to the counter affidavit. It is thus contended that the applicant has been falsely roped in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 26.07.2022 having no criminal history.
Moradabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 of the Indian Penal Code.
III. In case, the applicant misuses the liberty of bail 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.
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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.3.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the age of the accused and lack of corroborative medical evidence at the pre-trial stage.
4 provisions across 2 enactments
Naseem @ Mamu
State Of U.P.
Dr. Gautam Chowdhary
As recorded by the court registry
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