Ram Das vs State Of U.P.
2015 Latest Caselaw 816 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19378 of 2015
 

 
Applicant :- Ram Das
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- K.D. Awasthi,G.S. Sen
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri K.D.Awasthi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It has been submitted by learned counsel for the applicant that as per the medical report the prosecutrix is major girl aged about 19 years and as per her statement recorded under Section 164 Cr.P.C, it appears that she was a consenting party.  Her medical report does not show any mark of injury, violence or sexual assault. The applicant is in jail since 5.3.2015.

Learned AGA opposed the prayer for bail .

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 Ram Das involved in Case Crime No. 50 of 2015, under Sections 363, 366, 376 IPC and POSCO Act, P.S.-Aonla, District Bareilly 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.

Order Date :- 2.6.2015

Ashish Pd.