High Court
Case Details
Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15254 of 2021 Applicant :- Krishna Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav, Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Saroj Yadav,J. Re: Criminal Misc. Impleadment Application No. 7 of 2023
Legal Reasoning
The present application has been filed on behalf of the applicant for impleading the informant/victim, Child Welfare Committee, Agra and High Court Legal Services Committee, High Court, Allahabad as opposite party nos. 2 to 4 in the array of parties.
Legal Reasoning
Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant. The impleadment application is allowed. Learned counsel for the applicant is directed to incorporate the newly added opposite parties during the course of the day. Order Date :- 28.2.2023 Arun (Mrs. Saroj Yadav, J.) Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15254 of 2021 Applicant :- Krishna Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav, Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Saroj Yadav,J. This is a second bail application. The first bail application was rejected by a co-ordinate Bench of this Court on 05.11.2020. The present bail application has been filed on behalf of the accused applicant in Case Crime No. 245 of 2018, under Sections 376, 328, 506 IPC and Section 3/4 POCSO Act, Police Station Sikandra, District Agra, with the prayer to enlarge him on bail. Heard Sri Sudhir Kumar Agarwal, learned counsel for the accused applicant, Sri Saurabh Kumar, learned counsel for the complainant and Sri Alok Kumar Tripathi, learned Additional Government Advocate for the State respondent. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the first bail application of the accused applicant was rejected on merits and now the complainant and the victim, who have been examined before the trial Court as P.W. 1 and P.W. 2 have turned hostile and did not support the case of the prosecution. He further submitted that there is no chance of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence. He further submitted that the accused applicant does not have any criminal history as has been mentioned in paragraph no. 27 of the affidavit filed in support of the bail application. The accused applicant is languishing in jail since 05.04.2018, as such, he may be enlarged on bail. Per contra, learned A.G.A. appearing on behalf of the State- respondent as well as learned counsel for the complainant opposed the bail application of the accused applicant and submitted that the victim in her statement recorded under Sections 161 & 164 Cr.P.C. has supported the case of the prosecution but did not dispute the statements of the complainant and the victim recorded before the trial Court as P.W. 1 and P.W. 2. Considered the rival submissions and perused the material available on record. It transpires from the statements of the complainant and the victim that they have not supported the case of the prosecution and turned hostile. Considering all the facts and circumstances of the case, without commenting on the merits of the case, it appears just to enlarge the applicant on bail. Accordingly, the bail application filed on behalf of applicant is allowed. Let the applicant Krishna Kumar involved in Case Crime No. 245 of 2018, under Sections 376, 328, 506 IPC and Section 3/4 POCSO Act, Police Station Sikandra, District Agra, 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 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. (v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 28.2.2023 Arun (Mrs. Saroj Yadav, J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad