IMPORTANT POINT
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.

JUDGMENT :

1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 633 of 2023, under Sections 363, 366 IPC, Police Station - Gandhi Park, District - Aligarh.

3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that there was inordinate delay in lodging the FIR, which had not been explained; the applicant and victim both are not apprehended together and victim herself contacted the police and file notory stating therein that due to some altercation between the victim and her family she left her house and gone to Delhi alone; according to medical report age of the victim is between 17 to 18 years; the applicant has neither enticed the victim nor eloped her at any point of time in fact the victim is consenting party and she herself left her parent's house and in the light of above, no offense is made out against the applicant; the applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 21.12.2023 and the possibility of conclusion of trial in near future is very bleak.

4. Learned A.G.A. has, however, opposed the prayer for grant of bail.

5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

6. Let applicant namely Sanjay Kumar Baghel be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall file an undertaking to the effect that applicant 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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, 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 the applicant in accordance with law.

7. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

8. The bail application stands disposed of finally.