Saral Srivastava, J.
1. The certified copy of the F.I.R. has been filed, which is taken on record.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
3. The present bail application has been filed on behalf of applicant in connection with case crime no.136 of 2021, under Sections 366, 376 I.P.C., P.S. Mohabbatpur Painsa, District Kaushambi with a prayer to enlarge him on bail.
4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with some ulterior motive. It is further contended that the victim is aged about 21 years and she is a major. It is further contended that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she had gone with accused applicant Kamal to Delhi and they were residing there for a month as husband and wife. She has further stated that they have performed court marriage. It is further contended that there is contradiction in the statements of victim recorded under Sections 161 Cr.P.C. & 164 Cr.P.C. The further submission is that from perusal of statement of victim recorded under Section 164 Cr.P.C., it is apparent that victim is a consenting party. It is also contended that the applicant has no criminal history and he is languishing in jail since 15.03.2022.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
6. 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 tampering 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.
7. Let applicant-Kamal @ Pankaj Kumar be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 an abuse of liberty of bail and pass orders in accordance with law.
(iii) 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.
(iv) 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.
(v) 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.
8. It is further directed that the identity, status and residence proof of the sureties be verified by the authority concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
10. Accordingly, the bail application is allowed.
