Talib v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10013 of 2023 Applicant :- Talib Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Shameem Jahan,Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Ms. Arti Shukla, learned counsel for the applicant, Sri Avishesh Kumar Singh, learned A.G.A. for the State and perused record.

¶2Notice is served upon the O.P. No.2 but none is present.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR No.0181 of 2023 under Section 376/504/506 IPC, and Section 5/6 of POCSO Act, PS Motigarpur, district Sultanpur.

¶4Learned counsel for the applicant has submitted that prosecutrix has stated before the Trial Court under Section 164 that she was 18 years of age at the relevant time and the applicant used to come to her house but he did not establish physical relation with her. It has been submitted by the learned counsel for the applicant that the statement of prosecutrix indicates that there is no allegation of rape against the applicant and as per medical report the age of prosecutrix is 18 years and the same is filed as Annexure No.3 to the bail application. He has further submitted that the applicant has been falsely implicated for the reason that as per school certificate the date of birth of the prosecutrix is 16 years and 3 months but the medical report indicates that she was major at the relevant time. Learned counsel for the applicant has further submitted that the applicant has been falsely implicated. He has no criminal history and he is in Jail since 14.6.2023.

¶5On the other hand, learned A.G.A. though opposed the bail but could not point out that the statement under Section 164 CrPC is supporting the prosecution case.

¶6Considering over all facts and circumstances of the case, the argument that statement of prosecutrix under Section 164 CrPC is not supporting the prosecution case, and there is no allegation of rape, further that as per medical report the age of prosecutrix is 18 years, it is a fit case for bail.

¶7Let the applicant, Talib 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.

¶8It 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 :- 11.12.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench