Allahabad High Court
Shobha Ram vs State Of U.P. on 8 July, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26969 of 2019
Applicant :- Shobha Ram
Opposite Party :- State Of U.P.
Counsel for Applicant :- Archana Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mrs. Archana Singh, learned counsel for the applicant and Mr. P.K. Shahi, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Shobha Ram with a prayer to enlarge him on bail in Case Crime No. 02 of 2019, under Sections 363, 366 and 354 I.P.C. and Sections 7/8 POCSO Act, Police Station-Kotwali Nagar, District-Etah, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the present first information report has been lodged by Gyan Singh on 2nd January, 2019 alleging therein that on 2nd January, 2019 at 08:45 a.m. she went to her school but she did not return. The first informant tried to search her but she could not be traced for which a missing report has been lodged. It has further been argued by the learned counsel for the applicant that there was a quarrel between the mother of the victim and the applicant and because of the same, the applicant has been falsely implicated in the present case. In the statement of the victim recorded under Section 164 Cr.P.C., the victim has herself admitted that there was quarrel between the applicant and her mother. In the said statement, the victim has not made any allegation of molestation upon her by the applicant. It has further been argued by the learned counsel for the applicant that the applicant is innocent. He is 62 years old and is suffering from cancer disease. The applicant was not present at the time and place of incident as at the said time his treatment was undergoing at Swami Man Singh Hospital, Jaipur. 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 2nd February, 2019.
Per contra, the 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 facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record 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 and without expressing any opinion on merit of the case, 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 :- 8.7.2019
Sushil/-
