Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17625 of 2016 Applicant :- Bahar Miyan Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Brijesh Kumar Pandey,Dileep Kumar Singh,Lal Babu Lal Counsel for Opposite Party :- G.A.,Pramod Dwivedi
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and Sri Pramod Dwivedi, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 163 of 2016, under Section 376 I.P.C., P.S.- Kotwali Hathras, District- Hathras, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the prosecutrix is admittedly major and from the facts stated by her in her statement recorded u/s 164 Cr.P.C., it is crystal clear that she had left her maternal home on her own accord and started living with the applicant as she was in love with him and she was a consenting party. Moreover, the allegation made by her in her statement u/s 164 Cr.P.C. that the applicant had prepared a video clip of her was not substantiated during the investigation. He next submitted that the applicant who has no criminal antecedents to his credit and is in jail since 18.04.2016, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. and Sri Pramod Dwivedi, learned counsel for the informant.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bahar Miyan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 163 of 2016, under Section 376 I.P.C., P.S.- Kotwali Hathras, District- Hathras, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.3.2018 KS