Allahabad High Court
Pintoo Mishra vs State Of U.P. And Another on 16 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48348 of 2022 Applicant :- Pintoo Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hare Ram Pandey Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.114 of 2021, under Sections 363 and 366 of IPC, Police Station- Harpur Budhat, District- Gorakhpur.
As per the prosecution story, First Information Report has been lodged by the informant alleging that on 22.10.2021 the applicant enticed away his daughter Rani aged about 15 years. c Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is submitted that the victim is alleged to have been recovered along with applicant on the very same day after 5 hours of the incident. It is further submitted in the statements recorded under Section 161 and 164 of Cr.P.C. victim herself admitted that she loves applicant and went with him out of her own free will. It is further submitted that as per the opinion of doctor, age of the victim is 18 years. It is further submitted by learned counsel for the applicant that charge-sheet has been submitted in the matter. It is further submitted that the applicant has no previous criminal history to his credit. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 27.10.2021 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Pintoo Mishra be released on bail in the aforesaid case on his furnishing personal bond and two reliable sureties each of 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 dates 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 of the Indian Penal Code.
(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. 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 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 16.11.2022 SK Goswami