Allahabad High Court
Bachcha Yadav vs State Of U.P. on 5 October, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15998 of 2020 Applicant :- Bachcha Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Nath Tiwari,Anil Mishra Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Despite service of notice on opposite party no. 2, no one appears on behalf of opposite party no. 2.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 136 of 2019, under Sections 363, 366, 376G, 506, 120B IPC & 5/6 POCSO Act 2012, Police Station Rewati, District Ballia.
Learned counsel for the applicant submits that according to the FIR on 21st July, 2019 at about 5.00 a.m. in the morning daughter of the informant went for defecation, applicant along with his father enticed away the victim. Applicant is not named in the FIR. In statement under Sections 161 & 164 Cr.P.C. she has not levelled allegations of rape upon applicant. The co-accused Virendra Yadav has been granted bail by co-ordinate Bench of this Court vide order dated 27.02.2020 in Criminal Misc. Bail Application No. 9050 of 2020 therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 19.02.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that in additional statement name of the applicant has been disclosed by the victim and against the applicant one more case N.C.R. No. 23 of 2019, under Section 323, 504, 506, Police Station- Ballia has been registered. In additional statement under Section 164 Cr.P.C. victim has levelled allegations of rape upon applicant and three co-accused.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused of bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Bachcha Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.10.2020 Israr