Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46541 of 2018 Applicant :- Brijesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Brijesh seeking bail in Case Crime No. 259 of 2018, under Sections 363, 366 IPC, Police Station South, District Firozabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that on the basis of the statement of the victim recorded under Section 164 CrPC, Section 376 IPC was also added in the present case. The applicant moved his bail application before the court below under Section 376 IPC and Section 3/4 of POCSO Act, which was rejected by the court below. The applicant moved his bail application before this Court under the aforesaid sections in the same case crime number in Criminal Misc. Bail Application No. 6637 of 2019, which was allowed vide order dated 15.02.2019.
Learned counsel for the applicant has next submitted that infact the victim was a consensual party with the co-accused Kaushal, who is brother-in-law of the applicant and the victim stayed with the co- accused for four months and she solemnized marriage with the co- accused Kaushal and got the same registered in Arya Samaj Mandir, Vijay Nagar, Kanpur.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 18.04.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 18.04.2018 and has already been granted bail in the same Case Crime Number under Section 376 IPC and Section 3/4 of the POCSO Act.
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 applicant Brijesh 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 :- 26.2.2019 Nadim