Monu v. State of U.P. Thro. the Prin.Secy. Home, Civil Secretariat, UP Government Lucknow and 3 Ors

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 157 of 2022 Applicant :- Monu Opposite Party :- State Of U.P. Thro. The Prin.Secy. Home, Civil Secretariat, Up Government Lucknow And 3 Ors. Counsel for Applicant :- Vimal Kishor Singh,Syed Husain Abbas Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Notice has been served upon opposite party no. 2, but none is present before the Court on his behalf.

¶2Heard Shri Syed Husain Abbas, learned counsel for the applicant as well as Shri Ravish Chandra Mishra, learned A.G.A. for the State and perused the record.

¶3This bail application has been filed seeking release of the accused/applicant Monu on bail, who is involved in Case Crime No. 0402 of 2021 under Sections 376AB I.P.C and 5/6 POCSO Act, Police Station Sandila, District Hardoi.

¶4Learned counsel for the applicant has drawn attention of the Court towards the statement of P.W.-1, complainant (mother of prosecutrix) and in her cross-examination, she has not supported the prosecution case and has deposed before the Court that due to darkness in the night she could not identify the person as to who committed rape on her daughter and someone from the crowd caught the applicant and named him for committing rape. She further deposed that the applicant did not do anything wrong with the prosecutrix. She further stated that the police did not record her statement. Learned counsel for applicant has further invited attention of the Court towards the statement of P.W-2, the prosecutrix, who has deposed before the Court that the applicant did not do anything wrong with her nor she was unclothed by him thus, she has been declared hostile.

¶5Learned counsel for the applicant further submitted that since P.W.-1 has not supported the prosecution case and P.W.-2 i.e. has become hostile, thus it cannot be inferred that the applicant has committed any offence thus, the applicant is entitled to be released on bail. There is no criminal history against the applicant and he is languishing in jail since 15.09.2021.

¶6Learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the fact that P.W.-1 and P.W.-2 have become hostile.

¶7Considering the facts and circumstances of the case, by perusing the record, considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that P.W.-1 i.e. the mother of prosecutrix has not supported the prosecution case and P.W-2, the prosecutrix has been declared hostile, I find it to be a fit case for grant of bail.

¶8Accordingly, the bail application is allowed.

¶9Let the applicant Monu be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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 sufÏcient cause, the trial court may proceed against her 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 sufÏcient 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.

¶10It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 13.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench