Allahabad High Court
Sonu @ Rajnesh vs State Of U.P. on 6 April, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54240 of 2021
Applicant :- Sonu @ Rajnesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Aditya Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard Sri Aditya Kumar Tripathi, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 122 of 2021, under Sections-354 I.P.C. & Section 3(2)Va S.C. & S.T. Act and 7/8 of POCSO Act, Police Station-Lavedi, District Etawah.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case. As per contents of the FIR, the age of the victim is 18 years, as such, initially the FIR was lodged under Section 354 IPC, 3 (2)(v) SC/ST Act. However, during investigation, based upon the age mentioned in the school leaving certificate Sections related to POCSO Act, have been added. On this aspect of age, submission is that the benefit of the judgment on the issue of determination of the age of the victim, at this stage of the bail, is liable to be extended in favour of the applicant as the age in issue is subject to the evidence adduced by the parties before the Court concerned during trial. It is also submitted by learned counsel for the applicant that no case, as per allegations made in the FIR, is made out against the applicant so far as it relates to offence under SC/ST Act. In regard to allegations levelled in the FIR as also statement made by victim and mother of the victim which relates to the offence under Section 354 IPC it is stated that offence is triable Magistrate and maximum punishment provided therein is three years. It is further submitted that the victim has denied for medical examination.
It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 17.09.2021 and possibly of conclusion of trial in near future is extremely bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and period of incarceration and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant-Sonu @ Rajnesh be released on bail in aforesaid Case Crime Number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 his 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.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 6.4.2022
Vinay/-
