Allahabad High Court
Adarsh Singh Lakhandu vs State Of U.P. And Another on 31 July, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29002 of 2019 Applicant :- Adarsh Singh Lakhandu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Chandra Singh Counsel for Opposite Party :- G.A.,Sujan Singh Hon'ble Rahul Chaturvedi,J.
Heard Sri O.P.Singh, Senior Advocate assisted by Sri Satish Chandra Singh, learned counsel for the applicant, Sri Sujan Singh, learned counsel for the informant and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 138 of 2019, under Sections 452, 354B, 376, 506 IPC & Section 3/4 POCSO Act, P.S. Chandauli, District Chandauli is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant facing prosecution under Sections 452, 354B, 376, 506 IPC & Section 3/4 POCSO Act. Submission made by learned counsel for the applicant submitted that the victim herself has lodged the prompt FIR on 07.06.2019 under the aforesaid sections with the allegation that during day of 11 hours, the applicant barged into the house and has intent to commit rape disrobe her and thereafter committed unnatural sex (put finger in her organ) the prosecutrix and there is consistent stand in 161 Cr.P.C. and 164 Cr.P.C. and as per medical her age comes around 17 years but facts remains that she has never admitted herself for any internal examination/medical examination so as to corroborate the allegation as mentioned above on the bald allegation, which is highly risky to rely upon the bald allegation (161 Cr.P.C. & 164 Cr.P.C.) and prosecute a person in the absence of any corroborative evidence. He lastly submitted that the applicant is in jail since 25.06.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Adarsh Singh Lakhandu be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 138 of 2019, under Sections 452, 354B, 376, 506 IPC & Section 3/4 POCSO Act, P.S. Chandauli, District Chandauli with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.7.2019 Abhishek Sri.