Allahabad High Court
Akbar vs State Of U.P. & Anr. on 24 August, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 6976 of 2021 Applicant :- Akbar Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Ramakar Shukla, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 203 of 2018, under Sections 363, 366, 376(D) I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act and Section 3(2)(V) of SC/ST Act, Police Station - Jamo, District - Amethi.
3. Submission of learned counsel for the applicant is that applicant was not named in the first information report, but the prosecutrix in her statement recorded under Section 161 Cr.P.C. has named the applicant but no allegation of sexual assault has been made by her against the applicant. It is next submitted by learned counsel for the applicant that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has made allegation of sexual assault against applicant also. The prosecutrix in her statement given by her before the Doctor, has stated that she was sexually assaulted by co-accused Sameer. The medical examination report of the prosecutrix also does not corroborate with the allegations made by the prosecution. As per ossification report it has been found that age of prosecutrix to be about 16 years and also that she is illeterate. It is also submitted that the prosecutrix has turned hostile and has not supported the prosecution version. It is further submitted that co-accused of the case namely Amir has been granted bail by this Court by means of order dated 25.03.2021, passed in Bail No. 1518 of 2020. It is lastly submitted by counsel for the applicant that applicant is in jail since 18.03.2020.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. 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 and keeping in mind that the applicant was not named in the first information report, no allegation of sexual assault has been made by the prosecutrix regarding sexual assault against the applicant in her statement recorded under Section 161 Cr.P.C. while in her statement recorded under Section 164 Cr.P.C. she has alleged that all the accused persons have sexually assaulted her, further it has come on record that prosecution case is not corroborated by the medical examination report of the prosecutrix coupled with the fact that applicant has spent nearly one year and four months in judicial custody and that co-accused of the case namely Amir has been granted bail, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Akbar be released on bail in Case Crime No. 203 of 2018, under Sections 363, 366, 376(D) I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act and Section 3(2)(V) of SC/ST Act, Police Station - Jamo, District - Amethi, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. This order shall not influence the trial Court for proceeding with the trial.
9. The application stands disposed of.
Order Date :- 24.8.2021 A. Verma (Alok Mathur, J.)