The Allahabad High Court has granted conditional bail to Anuj, who is accused of kidnapping and raping a minor girl.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Anuj.
The bail application has been filed on behalf of the applicant in Case under Sections 363, 366, 376 IPC, 3/4 POCSO Act and Section 3(2)V SC/ST Act, Police Station- Shahpur, District- Muzaffar Nagar with the prayer to enlarge him on bail.
As per prosecution story, it is alleged that the minor daughter of the informant, aged about 14 years has been enticed away by the applicant.
The submission of the counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case. The applicant has not committed any offence as alleged in the impugned FIR.
Counsel for the applicant submitted that the victim has been examined before the court below where she has not supported the prosecution version and has turned hostile. As per medical examination report, there is no internal or external injury found on the body of the victim.
He further submitted that there are major contradictions in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. There is no direct and credible evidence or eye witnesses against the applicant in the involvement of the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court.
The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He submitted that the applicant is languishing in jail since 31.3.2024 having no previous criminal history.
Counsel for the applicant as well as A.G.A have vehemently opposed the prayer for grant of bail but could not controvert the submissions made by the counsel for the applicant.
“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail,” the Court observed.
The Court ordered that,
Let the applicant- Anuj, involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each to the satisfaction of the trial Court concerned subject to the following conditions:
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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, may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavours and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.