Allahabad High Court
Akash Gautam vs State Of U.P. on 15 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3011 of 2021
Applicant :- Akash Gautam
Opposite Party :- State of U.P.
Counsel for Applicant :- Kaushal Kishore
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
Called on.
Heard learned counsel Sri Kaushal Kishore, Advocate for the accused-applicant, learned Additional Government Advocate Sri S.P. Tiwari, Advocate, for the State who has received the instructions and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicant-Akash Guatam who is involved in Case Crime No. 502 of 2020, under Sections 363/366/342 IPC, Police Station Mishrikh, District Sitapur.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Sessions Judge, Sitapur vide order dated 24.02.2021.
Copy of the bail application has already been provided in the office of learned Government Advocate. Pursuant thereto, learned AGA is present to protest the bail plea on the basis of instructions and the copy of the case diary available with him.
Reading over the First Information Report, learned counsel for the accused-applicant submitted that the brief prosecution story is that the daughter of the complainant, aged about 16 years, five days earlier to the incident, went to village Barmi, PS Kotwali Mishrikh, Sitapur to meet her elder sister due to some work. On 14.11.2020 at about 4:00 p.m. the present accused-applicant-Akash Gautam alongwith his relative Umesh Gautam enticed her minor daughter. The complainant made all the efforts to search her daughter but could not succeed.
Learned counsel further submitted that the applicant is innocent and has been falsely implicated in the present case. It has further been submitted that prosecutrix was recovered and statement under Sections 161 and 164 Cr.P.C. were duly recorded. Learned counsel further submitted that the victim stayed with the accused-applicant for three days but did not raise any alarm and there is no allegation in regard to any sexual assault by the accused-applicant in both the statements recorded under Sections 161 and 164 Cr.P.C. It is clearly discernible that the prosecutrix with her consent had accompanied the applicant.
Learned counsel further submitted that the accused-applicant is languishing in jail since 22.11.2020 having no criminal antecedent and there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the bail-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicants, gravity of the offence and the severity of punishment in case of conviction and the period for which they are in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant-Akash Gautam be released on bail in Case Crime No. 502 of 2020, under Sections 363/366/342 IPC, Police Station Mishrikh, District Sitapur, on his furnishing a personal bond worth Rs. 100,000/- (one lac) and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 :- 15.3.2021
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