Ajay Kumar v. State of U.P. Thru. Prin. Secy. Govt. of U.P. Lucknow and 3 Others

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13254 of 2022 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Govt. Of U.P. Lucknow And 3 Others Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A.,Sant Bux Singh Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. R.P. Mishra, learned counsel for the accused-applicant, as well as Mr. Rajesh Singh, learned Additional Government Advocate, on this 2nd application for bail, and gone through the entire record.

¶2The earlier bail application was rejected by the Coordinate Bench vide order dated 09.05.2022 passed in Criminal Misc. Bail Application No.13857 of 2021. After being released by the coordinate Bench, this application has come up before this Court.

¶3By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0140 of 2021, under Sections 363 and 376 IPC read with Section 3/4 POCSO Act lodged at Police Station Pachpedwa, District Balrampur.

¶4It appears that the accused-applicant and the prosecutrix were in love relationship; on 27.07.2021, they fled away from the village, and lived together for more than one year in Mumbai. The prosecutrix, in her statements recorded under Sections 161 and 164 CrPC, has categorically stating that she went with the accused-applicant out of her own volition, without any force or coercion; she lived with the accused-applicant and established physical relation with him willingly; when it was known that the family members of the prosecutrix had lodged the FIR, they came back. Medical age of the prosecutrix has been determined to be sixteen years, whereas the accused-applicant was twenty -one years of age.

5.Considering the stand of the prosecutrix in her statements recorded under Sections 161 and 164 CrPC and also her age, which was sixteen years as per her medical examination, this Court deems it appropriate to enlarge the accused-applicant on bail, who is languishing in jail since 05.09.2021.

¶6Let applicant-Ajay Kumar, 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 :- 19.6.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench