Merajul v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7518 of 2023 Applicant :- Merajul Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Srees Kumar Srivastava,Pankaj Pandey Counsel for Opposite Party :- G.A.,Arvind Mishra Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Arvind Mishra, learned counsel for the complainant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.72 of 2023 under sections 376, 352, 323, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Maurawan, District Unnao.

¶3It has been submitted by learned counsel for the applicant that during trial, prosecutrix (P.W.-1) has been examined and in her cross-examination, she denied the entire prosecution case and she deposed that the applicant did not do anything wrong against her and rape was also not committed upon her. She further deposed before the court that due to pressure of the locality, she had told her father about the incident but the police has not recorded her statement. He also deposed that at the behest of police, she had given statement under section 164 Cr.P.C. before the Magistrate. Learned counsel for the applicant has submitted that the prosecutrix has not supported the prosecution case. He further submitted that father of the prosecutrix (P.W.-2) has not supported the prosecution case and he has been declared hostile. The applicant is in jail since 04.03.2023.

¶4Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the fact that the prosecutrix has not supported the prosecution case and the father of the prosecutrix has been declared hostile.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that prosecutrix ( P.W.-1) has not supported the prosecution case in her cross-examination and her father ( P.W.-2) has been declared hostile, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Merajul, 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 sufficient cause, the trial court may proceed against him 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 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. It 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 :- 16.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench