Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41237 of 2018 Applicant :- Anil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Tiwari 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 Anil seeking bail in Case Crime No. 420 of 2018, under Sections 363, 366 I.P.C, P.S. Titavi, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that during the investigation, the statement of the victim Km. Shivani has been recorded under Section 164 Cr.P.C. in which she has categorically stated that she had fallen in love with the applicant and had gone with him out of her own free will and wants to marry him. There is absolutely no allegation that she had been forcibly taken away by the applicant.
He has further submitted that the applicant is in jail since 18.08.2018 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. It is next submitted that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that in the statement of victim, it is clearly stated that she had gone away with the applicant on her own free will and there was no force used and that the applicant is in jail since 18.08.2018 and 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 Anil 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 :- 29.10.2018 Arun Gangwar