Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11022 of 2018 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against the applicant alleging that on 5.10.2017 they kidnapped the sister (16 years of age) of complainant Jitendra Kumar and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 161 Cr.P.C. the prosecutrix has stated that she got married with Amit (applicant) in a temple. In the statement recorded u/s 164 Cr.P.C. prosecutrix stated that Amit forcibly kidnapped her. There is major contradiction between statement u/s 161 Cr.P.C. and 164 Cr.P.C. Prosecutrix refused for medical examination. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 12.10.2017 (more than five and half months) having no criminal history. Co-accused namely Jitu and Smt. Rama Devi have already been granted bail by co-ordinate Bench of this Court.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Amit Kumar involved in the Case Crime No. 0795 of 2017, under Sections 363, 366, 328, 354 IPC and Section 7/8 POCSO Act, P.S. Tundla, District Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 A. Singh