Allahabad High Court
Ram Babu vs State Of U.P. And Another on 11 September, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26536 of 2019 Applicant :- Ram Babu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, 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. 90 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POSCO Act, P.S. Jalalabad, District Shahjahanpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that initially FIR was got registered by father of the victim under Sections 363, 366 IPC and Section 7/8 POSCO Act. Entire case of the prosecution is that on 16.02.2019, the daughter of the first informant, was enticed away by the applicant and the girl was recovered on 26.02.2019. He has further submitted that her statement recorded under Section 161 Cr.P.C. in which she has not supported the prosecution version and has stated that she is aged about 18 years and she is in love with the applicant and she went with the applicant on her free will. In her statement recorded under Section 164 Cr.P.C. she has changed the version and stated that the applicant has taken away her ornament and cash of Rs. 20,000/- on the pretext of marriage and committed rape forcibly upon her, however, she traveled in the company of the applicant and lived him about 11 days and she was in the dense affair with the applicant and established sexual relationship with the applicant. He lastly submitted that the applicant is in jail since 08.03.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and 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- Ram Babu, 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. 90 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POSCO Act, P.S. Jalalabad, District Shahjahanpur, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS 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 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 APPLICANTS ARE 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.
(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 APPLICANTS.
However, it is made clear that any 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 a 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 :- 11.9.2019/v.k.updh.