Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41415 of 2018 Applicant :- Ajay Kumar Meena Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar 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 Ajay Kumar Meena seeking bail in Case Crime No. 972 of 2018, under Sections 363, 366, 504, 506 IPC, Police Station Sadar, District Agra.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive.
Learned counsel for the applicant has drawn the attention of the Court to the statement of the victim Diksha under Section 164 CrPC, in which, she has categorically stated that on 23.08.2018 at about 7:00 in the morning when she was going to her school, she changed her mind and without permission of her parents, instead went to Firozpur, Punjab to meet her friend Akanksha and stayed there for 2-3 days and had also gone to a Restaurant, where the applicant Ajay met her, who was the friend of her brother. She thereafter called her brother, who informed her on Facebook that his father has suffered a fractured injury, as such, she returned back and was arrested by the police at the station.
From the said statement, it is clear that the victim had stayed with the applicant out of her own free will and consent and the applicant has no role to play in the said incident.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 08.09.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact that the victim Diksha had gone from her own free will with the applicant and the applicant has no criminal history to his credit.
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 Ajay Kumar Meena 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 :- 30.10.2018 /Nadim