Allahabad High Court
Prabhakar @ Nikkoo vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30794 of 2019
Applicant :- Prabhakar @ Nikkoo
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri C.P. Pandey, Advocate holding brief of Mr. Anil Kumar Tripathi, learned counsel for the applicant and Sri Sheetal Prasad Chakarvarti, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Prabhakar @ Nikkoo with a prayer to enlarge him on bail inCase Crime No. 104 of 2019, under Section 354 I.P.C. and Sections 7/8 POCSO Act, Police Station-Domariyaganj, District-Siddharthanagar, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the first information report has been lodged by Vijay Pal Maurya on 4th June, 2019 against the applicant alleging therein that on 3rd June, 2019 at 11:30 p.m. (night), when the daughter of the informant, namely, Masu Maurya was sleeping outside the house on a couch beside the couch of her mother, then a boy of his village, namely, Prabhakar @ Nikku began to tease and pull the clothes of his daughter, on hearing voice of her screaming, wife and son of informant along with neighbours came to the said place and tried to catch her, but he ran away. They recognised him as Prabhakar in the light of electricity and torch. Though in the statements of the victim recorded under Sections 161 and 164 Cr.P.C., the victim has reiterated the same version as unfolded in the first information report, but there is no medical examination report of the victim, which makes the prosecution case doubtful. It has further been argued by the learned counsel for the applicant that when the informant stocked cow-dung on the land of the applicant, he asked him to remove the same immediately from his land, due to which he has lodged the present first information report falsely implicating the applicant. He is innocent. Inspite of the fact that as per the version of the first information report and the statements of the victim, on the date and time of incident, on hearing the voice of screaming of the victim, some neighbours of the informant came, but there is no independent or public witness on the basis of which it can be said that the applicant is involved in the commission of the alleged incident. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 5th June, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.)
Order Date :- 1.8.2019
Sushil/-
