Allahabad High Court
Siddarth vs State Of U.P. And Another on 15 October, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No.10280 of 2020 Applicant :Siddarth Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavlesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Despite service, 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 available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.595 of 2019, under Sections 363, 366, 376 I.P.C. & POCSO Act, Police Station Cholapur, District Varanasi.
Learned counsel for the applicant submits that according to the FIR version, on 28.12.2019 at about 2:00 p.m., daughter of the informant, aged about 17 years, was enticed away by the applicant. In her statement recorded u/s 164 Cr.P.C. she has stated that she went along with the applicant out of her own will and applicant has committed no offence. It is further submitted that as per radiological report, age of the victim is 19-20 years. It is next submitted that victim appears to be a consenting party. 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 the applicant is languishing in jail since 3.1.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that date of birth of the victim is 10.5.2003, according to which, she was minor, at the time of incident, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, radiological age and statement of the victim and also perusing the material on record, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant-Siddarth involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(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 :- 15.10.2020 m.a.