Heard learned counsel for the accused-applicant and learned A.G.A. appearing for the State and perused the record of the case.
Learned counsel for the applicant has submitted that a false and fabricated report was lodged by Santosh Kumar that his minor daughter was abducted by the applicant on 24.11.2015 at about 7:30 a.m. On the next day the F.I.R was registered against the applicant under Sections 363, 366, I.P.C, and under Section 3 (1) (10) SC/ST Act as case Crime No. 652 of 2015.
Aggrieved by the first information registered against the applicant this court vide order dated 10.12.2015 pleased to pass order in Criminal Misc. Writ Petition No. 29015 of 2015 - (Sonam @ Joya and Anr. Vs. State of U.P. & Ors.), that till the submission of police report under Section 173 (2) C.P.C the arrest of the petitioners Smt. Sonam @ Joya and Mohd. Banto @ Salman, who are wanted in Case Crime No. 652 of 2015, under aforesaid Sections shall remain stayed.
The daughter of the complainant herself filed an affidavit before this Court that she has performed marriage with the applicant out of her sweet volition but when she was taken into custody by the Police, her statements under Section 161 Cr.PC and under Section 164 Cr.P.C were recorded where she has changed the entire version. The applicant is being maliciously been prosecuted, who is in jail since 03.02.2016. In case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail that in case he is released on bail the applicant shall misuse the liberty of bail by intimidating the witness.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, let the applicant ? Bantu @ Salman Khan, involved in Case Crime No. 652 of 2015, under Sections 363, 366, 376 I.P.C, Section ¾ The Protection of Children From Sexual Offences Act and 2 (2) 5 SC/ST Act, Police Station ? Mauranipur, District ? Jhansi, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize / intimidate 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 order granting bail shall automatically stand cancelled.
Order Date :- 05.08.2016.
Vinod.