Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2529 of 2018 Applicant :- Ankit @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ramesh Chandra Upadhyaya, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against five persons including the applicant alleging that the victim aged about 16 years had gone to purchase some grocery items from a shop on 1.6.2016 at 4.00 p.m.. but she did not return back. Subsequently it was alleged that the accused Vivek, who has been assigned main role had enticed away the victim with the the help of the applicant and three other co- accused.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the has no role to pay in the matter and the main role has been assigned to accrued Vivek with whom the victim had gone out of her own volition. Further, no specific role has been assigned to the applicant.It is also contended that co-accused Amit and Sonu having similar role to that of the applicant have already been released on bail by this Court,copy of which has been produced by the applicant's counsel which is taken on record, hence the applicant is also entitled to be released on bail on the ground of parity.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 6.9.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ankit @ Chhotu involved in Case Crime No.855 of 2016, under Sections 363, 366 I.P.C. Police Station Etmadaula, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.4.2018 IA