The Allahabad High Court has granted the conditional bail of the accused of kidnapping and rape of a minor girl.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Arjun Paswan.
The bail application has been filed on behalf of the applicant in Case under Sections 363, 366-A, 376(3) I.P.C, Section 3/4 POCSO Act, Police Station- Dubhar, District- Ballia with the prayer to enlarge him on bail.
As per allegation, on 27.12.2022, the minor daughter of an informant aged about 15 years did not return home from her school and on being searched, the informant came to know that the applicant enticed away his minor daughter.
The submission of the counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case. As per the high school certificate, the date of birth of the victim is 5.8.2006 and on the date of incident, the victim was more than 16 years of age.
He submitted that the incident took place on 27.12.2022 where FIR was lodged on 30.12.2022 and the victim was recovered on 14.1.2023.
He further submitted that the victim in her statement recorded under Section 161 Cr.P.C has stated that she went to Madrash with the applicant and solemnized marriage with the applicant on her own sweet will and as such, no offence as alleged in the impugned FIR is made out against the applicant.
He also submitted that as per the medical examination report, no internal or external injury was found on the body of the victim. The applicant has a criminal history of one case in which the applicant is already on bail. The applicant has been in jail since 17.1.2023.
He said that in case the applicant is released on bail, he will not misuse the liberty of bail.
Counsel for the opposite party no 2 has opposed the prayer for grant of bail but he has not disputed the above contention 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 and 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- Arjun Paswan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(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/her 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/her, 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/her 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.