Allahabad High Court
Malhu vs State Of U.P. on 18 September, 2017
Bench: Ravindra Nath Mishra-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 25
Case :- BAIL No. - 3806 of 2017
Applicant :- Malhu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Srivastava,Akash Dikshit
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ravindra Nath Mishra-II,J.
1. Heard learned counsel for accused-applicant as well as learned Additional Government Advocate and gone through entire record.
2. Applicant-Malhu is involved in case crime no. 235 of 2016, under Sections 363, 366, 376 I.P.C and 3/4 Protection of Children From Sexual Offences Act police station- Bangarmau District- Unnao.
3. Applicant-accused has alleged to have committed rape with prosecutrix. However, in her statement under Section 164 Cr.P.C she stated that she was in love with applicant-accused. It appears that prosecutrix was a consenting party. She is also major as per medical report.
4. Considering the above facts and circumstances of the case and without entering into merit of the case, the applicant is entitled to be released on bail.
5.Let the applicant Malhu involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Sitapur 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.
Order Date :- 18.9.2017
Pachhere/-
