Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7695 of 2018 Applicant :- Ankit Opposite Party :- State Of U.P. Counsel for Applicant :- Chaman Aara Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard M/s Chaman Aara, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant did not entice away the victim. As a matter of fact, applicant and victim both being in relationship with each other, victim had gone with the applicant out of her own sweet will, wherein it is apparent from victim's statement under sections 161 Cr.P.C. and 164 Cr.P.C. Further submission is that after solemnizing the marriage both applicant and victim had approached to this Court for protection of their civil right in which, victim has stated herself to be married wife of the applicant. Further submission is that applicant is in jail since.04.01.2018 having no other criminal history nor there is also possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer without observing that victim has not supported the prosecution.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Ankit be released on bail in Case Crime No.0007 of 2018, under Sections 363, 376, 366 I.P.C. and section 3/4 POCSO Act, P.S. Kekarkhera, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 Neeraj