Pushpendra vs State Of U.P.
2014 Latest Caselaw 3567 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23240 of 2014
 
Applicant :- Pushpendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- B.P.Mishra
 
Counsel for Opposite Party :- Govt.Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri B.P. Mishra, learned counsel for the applicant and Sri L.D. Rajbhar, learned A.G.A. for the State.

It is submitted by learned counsel for the applicant that the applicant is stated to have assigned the role of help in enticing away the prosecutrix. Main allegation is levelled against co-accused Vikki and Rakesh. Co-accused Chhote Lal  has already been granted bail by this Court on 6.6.2014 in Criminal Misc. Bail Application No.18815 of 2014 and the applicant is also entitled to be released on bail on the ground of parity. The applicant has not been assigned any role under Section 376 IPC. The applicant is in jail since 24.3.2014.

Learned  A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

Let the applicant Pushpendra, involved in Case Crime No.179 of 2014, u/s 363, 366 IPC, P.S. Hathras Junction, district Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(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 case of the applicant is distinguishable from the case of co-accused Vikki and Rakesh.

Order Date :- 24.7.2014/Gaurav