HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 3780 of 2014 Applicant :- Laxman Yadav Opposite Party :- The State Of U.P. Counsel for Applicant :- Anuj Pandey,Shiv Ganesh Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Anuj Pandey, learned counsel for the applicant and Sri Rajesh Kumar Singh, 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. She was having some affair with the applicant but she was married to another person and after her marriage she kept on affair with the applicant. The incident is said to have taken place in the house of the prosecutrix in the presence of inmates of the house which shows that she is a consenting party and so far as injuries received by the prosecutrix on her neck is concerned it appears that when she was found in a compromising position with the applicant was beaten by her family members on account of which the said injuries were caused to her and in order to give serious colour to the present case co-accused Rajendra, who is known to the applicant, has also been implicated in the present case. The applicant has no criminal history. The applicant is in jail since15th July, 2013.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Laxman Yadav involved in Case Crime No. 176 of 2013 under Section 307, 376, 511, 452, 34 I.P.C. and 3 (2) (V) S.C./S.T. Act, police station Kotwali Ayodhya, District Faizabad 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 15.5.2015 shiraz