Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36195 of 2017 Applicant :- Chahat Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant submitted that the statement of victim were recorded under Section 164 Cr.P.C. in which she has stated that she told her family members that she is in love with the applicant and wants to marry with the applicant but her family members were not ready. The victim has also in her statement that she took chappals, Aadhar card, with her and called the applicant and went to Delhi and at Delhi they stayed about 14 days and then came back. The victim has further stated in her statement that now she wants to go with the applicant.
Learned counsel for the applicant further submitted that the perusal of Aadhar card of the victim shows the age of the victim to be 19 years as her date of birth is mentioned as 1.1.1998. Learned counsel for the applicant submitted that the documentary evidence shows that the no offence punishable under Section 363 IPC is made out against the applicant and victim have married with each other by means of Nikah Nama.
Learned counsel for the applicant submitted that the applicant is in custody since 8.7.2017. Learned counsel for the applicant submitted that in case applicant be released on bail, he will not misuse the concession of bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chahat son of Rahat, involved in Case Crime No. 919 of 2017 , under Section 363 IPC, P.S. Quarsi , District Aligarh be released on bail on furnishing a personal bond and two sureties each in 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 the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. 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.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.11.2017 Ravi Prakash