Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49546 of 2018 Applicant :- Aakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Aakash seeking bail in Case Crime No. 223 of 2018, under Sections 363,366 IPC and 7/8 POCSO Act., P.S.Jalalbad, District Shahjahanpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has next drawn the attention of the Court towards the statements of the victim under section 161 Cr.P.C. in which there is absolutely no whisper about the participation of the applicant in the present case and she had gone with Surjeet out of her own free will and consent. However, in the statements under section 164 Cr.P.C. she has stated that about four months back when she was alone in her house then the applicant alongwith Surjeet has come and had taken her away to Gujarat and she had stayed there with them for four months and they kept her locked in a room and further she has stated that she used to work in a sugarcane factory.
Learned counsel for the applicant has next submitted that the perusal of the statements of the victim under section 161 and 164 Cr.P.C. shows that there is sharp contradiction in her statements and the name of the applicant has been subsequently introduced in her statement under section 164 Cr.P.C. and as such primafacie the applicant has made out a case for bail.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 22.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Aakash be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 R