Keshav Pandey @ Keshav Prasad Pandey @ Dhautali v. State of U. P.
2015-05-01
SUDHIR KUMAR SAXENA
body2015
DigiLaw.ai
JUDGMENT Sudhir Kumar Saxena, J. Heard learned counsel for the applicant and learned A.G.A. appearing for the State. 2. It is stated that F.I.R. is delayed by two days. Victim in her statement has alleged rape by applicant twice but no complaint regarding first rape was made to any authority. Victim further alleges rape by applicant with her mother which has been specifically denied by mother. There is nothing on record to show that report regarding rape on mother was made as stated in her statement recorded under Section 164 Cr.P.C. As such, there is stark conflict between statements recorded under Sections 161 and 164 Cr.P.C. Age of victim has been found to be 19 years. 3. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. 4. Let the applicant-Keshav Pandey @ Keshav Prasad Pandey @ Dhautali involved in Case Crime No. 541 of 2014, under Sections 452/376 I.P.C. and Under Section 5(5)10 of Protection of Children from Sexual Offences Act, 2012, Police Station Koorebhar, District Sultanpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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.
(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.