Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34 of 2021 Applicant :- Aashu Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Sunil Kumar Yadav has put in appearance on behalf of informant and filed his Vakalatnama, which is taken on record.
Heard Sri Som Veer, learned counsel for the applicant, Sri Sunil Kumar Yadav, learned Counsel for the informant, learned AGA for the State and perused the record.
It is submitted by learned Counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It is further submitted by learned counsel for the applicant that the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that the statement of victim was recorded under Section 161 Cr.P.C. and 164 Cr.P.C., in which she has stated that she went with the applicant with her own will and solemnized marriage with him. As per medical report, the age of the victim is 17 years and two years variation of upper side is possible. It is submitted that from the statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C., it appears that she is consenting party and no offence is made out against the applicant. Lastly it is submitted that the applicant is in jail since 17.09.2020 and if he is released on bail, he will not misuse the liberty of bail.
On the other hand, learned A.G.A. opposed the prayer for bail. However, he does not dispute the aforesaid facts.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant-Aashu be released on bail in Case Crime No.296 of 2020 under Section 363, 366 I.P.C., Police Station Jamunapar, District Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 S. Singh