Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45539 of 2018 Applicant :- Bilal @ Daud And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Bilal @ Daud and Zakir seeking bail in Case Crime No. 1287 of 2018, under Section 363 IPC and under section 8 of POCSO Act and under section 3(2) 5 Ka SC/ST Act P.S.Kotwali Dehat, District Bulandshahar.
Learned counsel for the applicants has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under section 164 Cr.P.C. in which she has categorically stated that she wanted to marry with co-accused, Amjad and on 14.9.2018 she had gone with Amjad on her own free will and accord and has also married with Amjad and he has not forcibly taken her away and there is not a whisper about the applicants' participation in the said incident.
It is lastly submitted that the applicants have no other criminal history to his credit and the applicants are in jail since 16.9.2018 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 the applicants Bilal @ Daud and Zakir be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 29.11.2018 R