HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 2444 of 2014 Applicant :- Vinod Opposite Party :- State Of U.P. Counsel for Applicant :- Bhola Singh Patel,Sunil Kumar Yadav Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Bhola Singh Patel, learned counsel for the applicant and Mrs. Poonam Sinha, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that as per the supplementary report of the victim, she is a major girl aged about 18 years. From a perusal of her statement under Section 164 Cr.P.C., it is apparent that she is a consenting party and she has falsely deposed against the applicant under the influence of her parents. The medical examination report of the victim does not corroborate the statement recorded under Section 164 Cr.P.C. Moreover, the F.I.R. of incident was lodged after one year of the incident on the basis of application under Section 156 (3) Cr.P.C. for which no plausible explanation has been given by the prosecution. He submits that till date only charges have been framed and no prosecution witness has been examined. The applicant has no criminal history. The applicant is in jail since 24.12.2013.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Vinod involved in Crime No. C-703 of 2013 under Sections 363, 366, 376 I.P.C. And 3/4 POCSO Act, police station Bheera, District Khiri be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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.
Order Date :- 14.5.2015 shiraz