Amit Kumar Singh v. State of U.P. Thru. the Prin. Secy. Home Lko. and Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13757 of 2023 Applicant :- Amit Kumar Singh Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Others Counsel for Applicant :- Vijay Nath Pandey,Harish Chandra,Neeraj Tewari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Sri Neeraj Tiwari, learned counsel for the applicant and Sri Rajesh Kumar Verma, learned A.G.A. 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. 52 of 2019, under sections 363, 366, and 376 IPC and 3/4 of POCSO Act, Police Station Ram Janm Bhumi District Ayodhya (Faizabad)

¶3It has been submitted by learned counsel for the applicant that before the trial court the prosecutrix was examined as P.W.-1. She has been declared hostile. She deposed before the court that she had gone to purchase medicine and thereafter she got ill health therefore she had gone to her 'Nanihal'. The applicant,who is co-accused had not enticed her and her father has falsely implicated the applicant. She further deposed that police got her signature on blank paper. Similarly, the complainant-father of the prosecutrix (P.W.-2) has also not support the prosecution case in the cross examination. Learned counsel for the applicant has submitted that after looking into the statements of the prosecutrix (P.W.-1) and complainant-father of the prosecutrix (P.W.-2) at the moment it cannot be inferred that the applicant is involved in the commission of crime.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 20.05.2023.

¶4Learned A.G.A. though opposed the prayer for bail but could not dispute the fact that the prosecutrix (P.W.-1) has been declared hostile and complainant (P.W.-2)has not supported the prosecution case in his cross-examination.

¶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 been declared hostile and complainant-father of the prosecutrix (P.W.-2) has not supported the prosecution case in his cross-examination, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Amit 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. 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 :- 21.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench