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2015 DIGILAW 1199 (ALL)

Rakesh Kumar @ Nanku v. State of U. P Thru Principal Secy. , Home

2015-05-13

SUDHIR KUMAR SAXENA

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JUDGMENT Sudhir Kumar Saxena, J. Heard learned counsel for the applicant and learned A.G.A. appearing for the State. 2. It is contended that F.I.R. has been lodged in pursuance of order passed under Section 156(3) Cr.P.C. In F.I.R. presence of two persons has been shown at place of occurrence while in statement recorded under Section 164 Cr.P.C., second person is missing. Moreover, in statement recorded under Section 161 Cr.P.C. and in statement given before doctor, she had denied rape and expressed her consent. Applicant is in jail since 08.06.2014 with no criminal history. 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-Rakesh Kumar @ Nanku involved in Case Crime No. 114 of 2014, under Sections 376/504/506 I.P.C. and Section 6 of POCSO Act, Police Station Satrikh, District Barabanki, 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. (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.