Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3442 of 2019 Applicant :- Ankur Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Kumar Shishodia, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Ankur in Case Crime No.682 of 2018, under Sections 363, 376 I.P.C. and 3/4 of POCSO Act, Police Station Dhaulana, District-Hapur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that according to the F.I.R. which was lodged after ten days of the incident whereby informant's two real sisters were kidnapped by accused, Rubel and the applicant, Ankur. It is stated that so far as the applicant is concerned, the allegation against him is that he had enticed away younger sister of first informant, Anjali who was recovered along with the applicant on 19.10.2018. Thereafter, her statement under Section 164 Cr.P.C. was recorded wherein she has disclosed her age to be 18 years and has unequivocally stated that she knew the applicant for past two years and had fallen in love with him. She had also solemnized marriage with him and claimed the applicant as her husband. It is argued that from the tenor of the entire statement of the victim, Anjali recorded under Section 164 Cr.P.C. which is appended as Annexure-4 to the affidavit filed in support of the bail application, she appears to be a consenting party. It is also stated in para 15 of the affidavit that the victim is still living at the house of he applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.10.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ankur 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.1.2019 MN/-