Manish vs. State

Court No. - 30

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19282 of 2020

Applicant :- Manish Opposite Party :- State And Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Narayan Singh(Kushwaha)

Hon'ble Ali Zamin,J.

Heard Learned counsel for the applicant, learned A.G.A. for the State, learned counsel for Opposite Party No.2 and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.5 of 2020, under Sections 363, 366, 376 I.P.C. and 4 POCSO Act, 2012, Police Station Sakeet, District Etah.

Learned counsel for the applicant submits that according to FIR, on 11.01.2020 at about 4:00 p.m. informant's daughter aged about 15 years went alongwith Radha and Kiran of the village and she did not return. On search, it came in the knowledge that Suraj and Parvesh nephew of Rajwati took away her. The informant gave missing information but his report was not lodged. In the statement under Section 161 Cr.P.C., the victim has stated that she was aged about 18 years, she went with the applicant out of her own will and applicant established physical relation with her consent and solemnized marriage with the applicant in a temple. As per the the statement recorded under Section 164 Cr.P.C., the victim has reiterated the statement recorded under Section 161 Cr.P.C. He has next submitted that as per the Aadhar Card, the date of birth of the victim is 01.01.2003 as such on the date of incident she was 17 years and 10 days. As per radiology, the age of the victim has been ascertained 17-18 years. The applicant has been falsely implicated in the present case, 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. It is also contended that the applicant is languishing in jail since 14.02.2020.

Learned A.G.A. as well as learned counsel for Opposite Party No.2 has opposed the prayer for bail and submits that FIR as well as statement of the victim recorded under Sections 161 and 164 Cr.P.C., the victim has not levelled allegation against the applicant but as per class 9th admit card the date of birth of the victim is 04.07.2005 according to which at the time of incident she was near about 15-16 years and minor.

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, statement of victim u/s 161 and 164 as well as radiological age of the victim and also perusing the material on record, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant-Manish involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.

(ii) 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.

(iii) 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.

(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(v) 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.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 1.10.2020 Zafar