Allahabad High Court
Ankush vs State Of U.P. on 20 November, 2015
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41366 of 2015
Applicant :- Ankush
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State; Sri Neeraj Singh for the informant; and perused the record.
The present bail application has been filed by the applicant in case crime No. 279 of 2015, under Sections 363, 366, 376 I.P.C.; Section 3(2)5 SC/ST Act; and Section 3/4 POCSO Act, police station Kandhla, District-Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the father of the victim had lodged the FIR on 29.6.2015 alleging that his minor daughter Payal, aged about 15 years, has been enticed away on 26.6.2015. The FIR has been lodged naming five persons including the applicant. It has been submitted that subsequently, the victim reappeared on 11.7.2015 and her medical examination was carried out and at the time of her medical examination, the doctor, on the basis of the statement made by the victim, made a note that according to the victim, on 26.6.2015, in the afternoon, after the school got over, she left with a boy whom she had known for the last one year and from there, she travelled to Delhi voluntarily. The medical examination of the victim found her hymn to be old torn and no sign of any visible injury was found on her body. The radiological age of the victim was ascertained as 17 years.
Subsequently, in her statement recorded during investigation she has alleged that she was forcibly taken and was also sexually assaulted.
Learned counsel for the applicant has submitted that the pariwar register discloses the year of birth of the victim as 1996 and in fact in the recent panchayat elections, she has also been registered as a voter by disclosing her age as 20 years. It has been submitted that in fact the victim is an adult and she was a consenting party and the FIR has been lodged after three days of the incident. It has lastly been submitted that the applicant is innocent with no previous criminal history and is in jail since 12.7.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA as well as counsel for the informant has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ankush be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence nor threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 :- 20.11.2015
Arvind
