Allahabad High Court
Mashrur vs State Of U.P. And 2 Ors. on 12 March, 2021
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 873 of 2020
Appellant :- Mashrur
Respondent :- State Of U.P. And 2 Ors.
Counsel for Appellant :- Farooqahmad,Kaushal Kishore Tewari
Counsel for Respondent :- G.A.
Hon'ble Mrs. Saroj Yadav,J.
Heard learned counsel for the parties.
This Criminal Appeal has been filed by the accused appellant against the judgment and order dated 17.08.2020, passed by Additional Sessions Judge/Special Judge (SC/ST) Act, Lakhimpur Kheri in Bail Application No. 144/2020 arising out of Crime No. 473 of 2020, under Sections 363, 366, 376, 120B IPC read with Section 5 (Tha, Jha, Tha) & Section 6 POCSO Act, Section 3(2) 5 SC/ST Act, Police Station Nighasan, District Kheri whereby the bail application of the accused appellant has been rejected.
Learned counsel for the accused/appellant argued that the accused appellant is innocent and has falsely been implicated in the crime. The accused appellant was not named in the F.I.R. The victim, in her statements recorded under Sections 161 & 164 Cr.P.C. has not named the accused appellant in committing the crime. Name of Imran was disclosed by the victim. There is no material evidence against the accused appellant to connect with the crime, as such, the accused appellant should be enlarged on bail.
On the other hand learned A.G.A. opposed the bail prayer of the accused appellant, but admitted that the victim has not stated any word against the accused appellant.
Considered the submissions of both the sides and also perused the record.
Considering all the facts and circumstances of the case, specially the statements of the victim recorded under Sections 161 & 164 Cr.P.C., it appears just to enlarge the accused/appellant on bail.
Accordingly, the appeal/bail application is allowed. The impugned order dated 17.08.2020 passed by the Court below is set aside.
Let the appellant/accused Mashrur involved in Crime No. 473 of 2020, under Sections 363, 366, 376, 120B IPC read with Section 5 (Tha, Jha, Tha) & Section 6 POCSO Act, Section 3(2) 5 SC/ST Act, Police Station Nighasan, District Kheri, 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:
(i) The appellant 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 appellant 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 appellant 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.3.2021
Arun
