Putai Alias Sonu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11539 of 2023 Applicant :- Putai Alias Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pintoo Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Supplementary afÏdavit filed by the applicant as well as counter afÏdavit filed by learned AGA both are taken on record.

¶2Heard Shri Pintoo Kumar, learned counsel for the applicant, Shri G.D. Bhatt, learned AGA-I for the State and perused the record. Though notice upon complainant has been served sufÏciently, no one has appeared.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.45 of 2023, under Sections-376 I.P.C., Section 5/6 POCSO Act, P.S.-Kudwar, District Sultanpur.

¶4Learned counsel for the applicant has submitted that during trial PW1 father of the prosecutrix and PW1 prosecutrix have been examined and they have turned hostile and have not supported the prosecution case. Learned counsel has invited attention of this Court towards the statement of PW2 prosecutrix who has stated that at the relevant time, she was 18 years of age and applicant did not do anything wrong against her. She further deposed that on behalf of villagers, her father had lodged report and she had told nothing to her father. She further deposed that on the pressure created by the lady Constable, she had given statement. She further deposed that whatever statement was given to the police, the same was given under pressure of her father. She further deposed that statement under Section 164 Cr.C was got to be recorded under pressure of her father.

¶5Learned counsel submitted that after looking to the statement of PW1 and PW2 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, the applicant is entitled to be enlarged on bail. The applicant has no criminal history. The applicant is in jail since 19.02.2023.

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

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

¶8Let the applicant, Putai @ Sonu 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 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 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.

¶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 :- 7.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench