Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35752 of 2018 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 134 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Thana Bhawan, District Shamli with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to prosecution, on 19.4.2018 the first informant, his wife and four children after having food became unconscious, in the morning on 20.4.2018 at about 4.00 am when they became conscious they came to know that the victim/ informant's daughter aged about 17 years is missing from the house and thereafter on the basis of suspicion he implicated the applicant and four others. He further pointed out that the victim was recovered from Shamli railway station after four days of the incident at about 6.00 pm. In the statement u/s 161 and 164 Cr.P.C. the victim has now stated that the applicant and his associate had kidnapped her after sedating and then took her to Punjab where they stayed for few days and when she was waiting for train in the railway station to go to Delhi the police arrested them. It is argued that the victim as per the school record is about 17 years of age and it appears to be a case of consensual relation between the applicant and the victim, who had eloped with him. The applicant is in jail since 24.4.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Amit involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 Dhirendra/