Allahabad High Court
Ajay Kumar @ Shailendra vs State Of U.P. on 5 October, 2017
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- BAIL No. - 7279 of 2017
Applicant :- Ajay Kumar @ Shailendra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Yadav Advocate,Gaurav Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Rekha Dikshit,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Sanjay Yadav, learned counsel for the applicant and Sri M.B.Singh, learned A.G.A. for the State and perused the record.
At the outset learned counsel for the applicant submitted that the bail prayer of the applicant has already been rejected on merits by the court below on 3.8.2017.
Leaned counsel for the applicant submits that there was some matrimonial dispute between the parties and that's why the applicant has been falsely implicated in the present case. The applicant neither demanded dowry nor the prosecutrix was subjected to any cruelty. False allegation has been levellled against the applicant for taking away or enticing away the victim girl. As per medical report the date of the prosectrix has been determined to be 17 years and 3 months.and on the basis of external and internal examinations as well as pathology report, no definite opinion could be given about the sexual assault on the person of the victim.There was also some dispute with regard to the transaction of money between the parties. The medical report does not corroborate the prosecution version. There are contradictions in the statements recorded under sections 161 Cr.P.C. and 164 Cr.P.C. He has committed no offence.The applicant has no criminal history and he is languishing in jail since 3.5.2017.
Learned A.G.A. for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the 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 Ajay Kumar @ Shailendra, involved in Case Crime No.534 of 2017 under sections 498-A, 323, 363, 366, 376 IPC & Sec. 3/4 D.P.Act, Sec. 5(Ta) and Sections 16/17 POCSO Act, P.S.Kotwali Nagar, District Barabanki be released on bail on his 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 :- 5.10.2017
IA
