Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48952 of 2018 Applicant :- Anees Kumar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sita Ram Sharma,Ajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Anees Kumar Rajbhar seeks bail in Case Crime No. 309 of 2018, under Sections 363, 366 IPC, P.S. Kotwali Chunar, District- Mirzapur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C. in which she has stated that on 6.8.2018, she out of her own free-will and consent had gone out of her house and had called applicant Anees on phone and thereafter left for Varanasi and has solemnized marriage with him and thereafter left for Kolkata as her parents wanted to marry her at some other place and the victim was not willing to marry there. The applicant has not enticed her or forcibly taken her away and she wants to live with her husband. In the statement under Section 164 Cr.P.C. she has further reiterated that she has married the applicant on her own free-will and consent and had gone with him, as such prima facie case for bail is made out. Lastly, it is submitted that applicant is in jail since 24.8.2018 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. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 24.8.2018 and he 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 applicant Anees Kumar Rajbhar 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 :- 19.12.2018 KU