Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7676 of 2018 Applicant :- Balveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Narain,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Jai Narain, 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 F.I.R. of the incident has been lodged by the father of the victim with delay of three days without any plausible explanation. Further submission is that applicant did not entice away the victim. As a matter of fact, applicant and victim both being in love with each other, victim had gone with applicant out of her own sweet will. Further submission is that as per medical report, victim has been shown to be 16 years old and there is being possibility of two years fluctuation on either side, she is major. Further submission is that victim has not made any allegation of sexual assault against applicant in her statement given before the Magistrate. Further submission is that co-accused Veeru who has been assigned the role of taking away the victim has been granted bail of this Court vide order dated. 2.11.2017 In Crl. Misc. Bail Application No. 41798 of 2017 and the case of applicant being on the same footing, he is also entitled to bail on the ground of parity. Further submission is that applicant who is in jail since.07.07.2017, 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.
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 Balveer be released on bail in Case Crime No 174 of 2017, under Sections 363, 366, 376D I.P.C. and section 3/4 POCSO Act, P.S. Sikandarpur Vaishy, District Kasganj, 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