Puti Alias Abhi Alias Abhiral Yadav v. State of U.P. Thru. Prin. Secy. Civil Secrtt. Home, Lko. and Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10827 of 2023 Applicant :- Puti Alias Abhi Alias Abhiral Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrtt. Home, Lko. And Others Counsel for Applicant :- Surendra Kumar Mishra,Abhijat Pratap Singh,Ashutosh Rawat,Vishnu Kumar Srivastava Counsel for Opposite Party :- G.A.,Akhilesh Pratap Singh,Hari Bux Singh Hon'ble Brij Raj Singh,J.

¶1Notice has been served on behalf of opposite party no.2 but none has appeared on behalf of the opposite party no.2 to press the present bail application.

¶2Heard learned counsel for the applicant and Mohd Asif Khan, learned A.G.A. for the State.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0233 of 2023 under sections 363, 366, 354(D), 376 IPC and Section 3(2)(V), 3(2)

(Va) SC/ST Act and 5 (L)/6 POCSO Act, Police Station Bilgram District Hardoi.

¶4Learned counsel for the applicant has invited attention of this Court towards the statement of the prosecutrix recorded under section 164 Cr.P.C. in which she deposed before the court that out of her free will, physical relation was established. She had gone alongwith applicant on 20.03.2023 to Delhi. She further stated that she was doing job in Delhi and she and the applicant used to live in one room. Learned counsel for the applicant has submitted that as per radiological report, the age of the prosecutrix is in between 17-18 years and she was major at the relevant time. He has submitted that the statement of the prosecutrix recorded under section 164 Cr.P.C. indicates that it is a case of consent. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 23.05.2023.

¶5On the other hand, learned A.G.A. has opposed the prayer for bail and has submitted that as per school certificate, date of the prosecutrix is 01.01.2007 and she was minor at the relevant time, as such the applicant is not entitled for bail.

¶6Without 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 it is a case consent ans as per medical report the age of the prosecutrix near about 18 years, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶7Let the applicant, namely, Puti Alias Abhi Alias Abhiral Yadav, 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 :- 18.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench