Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43744 of 2018 Applicant :- Afroz @ Babu @ Rehan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi,Gunjan Dwivedi 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 Afroz @ Babu @ Rehan seeking bail in Case Crime No. 219 of 2018, under Sections 354A, 363, 366A IPC and Section 7/8 Protection of Children From Sexual Offences Act 2012, Police Station Kotwali City, District Mirzapur.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R. and has been falsely implicated in the present case. Learned counsel for the applicant has next drawn the attention of this Court to the statement of victim under Section 161 Cr.P.C. in which she has clearly stated that on 12.07.2018, she was reprimanded by her mother as such she left her home in the morning at 4 A.M. and went to Jhusi, Allahabad at her uncles place and thereafter returned back to her house with her uncle on 14.08.2018. Per contra in her statement made u/s 164 Cr.P.C. she has stated that she was enticed away by the applicant who had taken her to Bombay on a train and thereafter they dropped her at Ramai Patti on 14.08.2018. During her stay at Bombay she did not raise any alarm nor made any attempt for escape thus there is sharp contradiction in her statements made under Section 161 and 164 Cr.P.C. as such prima facie case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 21.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact that the applicant is in jail since 21.08.2018.
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 Afroz @ Babu @ Rehan 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 :- 27.11.2018 Ashok Gupta