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Allahabad High Court · body

2018 DIGILAW 2536 (ALL)

Alfaaf v. State of U. P.

2018-12-13

DINESH KUMAR SINGH

body2018
JUDGMENT : Dinesh Kumar Singh, J. 1. Heard learned counsel for the accused-applicant(s) as well as learned A.G.A. and perused the record. 2. Accused-applicant seeks bail in F.I.R. No. 98 of 2018, under Sections 363, 366, 342 and 506, I.P.C. and Section 16/17 P.O.C.S.O. Act, Police Station Fardhan, District Kheri. 3. Learned counsel for the accused-applicant Contends that charge-sheet has not been filed against the accused-applicant under Section 376, I.P.C. and it has been filed under Sections 363, 366, 342 and 506, I.P.C. and 16/17, P.O.C.S.O. Act; in medical examination age of the prosecutrix has been determined to be 18 years. 4. Learned A.G.A. has opposed the prayer for bail. 5. However, considering the fact that there is no charge-sheet against the accused-applicant under Section 376, I.P.C. and the accused-applicant is in jail since 7.6.2018 coupled with the contentions raised by the learned counsel for both the sides and without entering into merit of the case, the applicant(s) is entitled to be released on bail. 6. Let applicant-Altaaf 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. 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.