Praveen Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5262 of 2023 Applicant :- Praveen Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya Hon'ble Brij Raj Singh,J.

¶1This is the second bail application. The first bail application was rejected by coordinate bench of this Court on 07.12.2022 and the same has been released. Learned counsel for the applicant submitted that the statement of PW1 victim has been recorded and she has been declared hostile therefore, new cause of action has arisen.

¶2Heard Shri Sheo Prakash Singh, learned counsel for the applicant, Shri Ranvijay Singh, learned AGA for the State and perused the record. No one has appeared on behalf of complainant.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Session Trial No.402 of 2021 bearing Case Crime No.572 of 2022, under Sections-376, 511 I.P.C., Section 3/4, 18 and 7/8 POCSO Act, P.S.-Antu, District Pratapgarh.

¶4Learned counsel for the applicant has invited attention of this Court towards the statement of PW2 prosecutrix recorded before the trial Court in which she has deposed that Advocate had written an application which was signed by her father without reading the same. Learned counsel further submitted that the statement under Section 164 Cr.P.C. was given against the applicant on the pressure created by the police and she has denied the prosecution case and has thus turned hostile.

¶5Similarly, PW1 father of the prosecutrix has also been declared hostile on 05.12.2022 but the said fact was not considered by the court while rejecting the first bail application. Learned counsel submitted that after looking to the statement of PW2 prosecutrix at the moment, it cannot be presumed that the applicant is involved in commission of crime. Learned counsel further submitted that the main witnesses having become hostile, therefore, the applicant is entitled to be enlarged on bail. The applicant has no criminal history. The applicant is languishing for long period in jail since

22.02.2021.

¶6Learned AGA opposed the prayer for bail but could not dispute the aforesaid contention stated by the learned counsel for the applicant that PW1 father and PW2 prosecutrix both witnesses have turned hostile.

¶7Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that both PW2 prosecutrix and her father PW1 have become hostile, argument that applicant is in jail for the last two and half years, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶8Let the applicant, Praveen Kumar Singh 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.

¶9It 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 :- 18.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench