Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8049 of 2019 Applicant :- Arbind Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey 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- Arbind seeks bail in Case Crime No. 1006 of 2018, under Sections 363, 366 IPC, P.S. Kotwali Hathras, District- Hathras.
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 recorded under Section 164 Cr.P.C. in which she has stated that she had gone to Mathura in a fit of rage and stayed there for two days and has given a false statement at the police station as his mother would suspect that she had gone with some other boy and as such she had taken the name of applicant- Arbind, but she does not know Arbind and was returning back on 14th by boarding a train, however she was apprehended by the police. From the perusal of said statement, it is evident that the applicant had neither enticed away the victim nor had forcibly taken her away, as such prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 24.12.2018 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.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 24.12.2018 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 applicant Arbind 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 :- 25.2.2019 KU