Nishant Lodhi v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. and 3 Others

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3284 of 2023 Applicant :- Nishant Lodhi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And 3 Others Counsel for Applicant :- Bisunbablu Mishra,Pawan Kumar Sharma,Sushil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Sushil Kumar Singh, learned counsel for the accused-applicant, as well as Mr. Ashwani Kumar Singh, learned A.G.A. for the State-respondent on this 2nd application for bail.

¶2The first application for bail moved on behalf of the accused-applicant was rejected by this Court vide order dated 14.12.2022 passed in Criminal Misc. Bail Application No.6951 of 2022.

¶3The present application under section 439 Cr.P.C. has been filed, seeking bail in FIR No.0163 of 2022, U/s 376 I.P.C. and section 3/4 of the POCSO Act, Police Station Aashiyana, District-Lucknow.

¶4On behalf of the accused-applicant, it is submitted that while rejecting the earlier bail plea of the accused-applicant, this Court had observed that once the prosecutrix is examined in the court, the accused-applicant may revive the bail plea, if he so advised; now, the prosecutrix has been examined in the Court; the accused-applicant will not make any effort to recall the prosecutrix or any other witness, examined in the Court, by moving application under Section 311 CrPC. It is further submitted that the accused-applicant has been languishing in jail since 31.03.2022.

¶5The learned Additional Government Advocate has opposed the bail.

¶6However, considering the fact that the prosecutrix has been examined in the Court, accused-applicant will cooperate in the trial and will not move application under Section 311 CrPC to recall the prosecutrix or any other witness examined in the Court, this Court deems it appropriate to enlarge the accused-applicant on bail.

¶7Let applicant-Nishant Lodhi, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. [D.K. SINGH, J.] Order Date :- 25.5.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench