Sukhdev Alias Ramu v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17365 of 2023 Applicant :- Sukhdev Alias Ramu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashwani Kumar Mishra,J. This is the second bail application for grant of bail to the applicant, who has been implicated in Case Crime No. 278 of 2022, under Sections 457, 376, 323, 504, 506 IPC and 3/4 POCSO Act, Police Station Deoria Kalan, District Pilibhit. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Contention is that the victim has already turned hostile in her statement before the court below and, therefore, it is unlikely that the prosecution can secure conviction of the applicant. It is further argued that the trial is likely to take sufficiently long and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since

23.09.2022 without having any previous criminal history. Learned A.G.A. for the State opposes the prayer for grant of bail but the submissions made on behalf of the applicant are not seriously disputed. Having heard learned counsel for the parties and upon perusal of the materials placed on record as also considering the argument that the victim has turned hostile before the court below and the applicant is languishing in jail over an year, without further commenting upon merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial. Let the applicant -Sukhdev Alias Ramu involved in aforesaid case crime 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, which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) 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.

(iv) 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.

(v) 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.

(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Accordingly, the present bail application is allowed. Order Date :- 12.10.2023 Ashok Kr. High Court of Judicature at Allahabad