Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8663 of 2019 Applicant :- Chandan @ Tharra Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It has been contended by the learned counsel for the applicant that the first information report was lodged on 29.8.2018 after four days with regard to the incident said to have been occurred on 25.8.2018, against the four accused persons including the present applicant. According to the prosecution case, on 25.8.2018 at 4.00 a.m. the daughter of the informant who is class 10th student was enticed away by the present applicant with the help of the other accused. It is further contended by the learned counsel for the accused applicant that the victim is having love affair with the applicant and accordingly both the applicant and the victim have left the house with her free will and consent; both had gone to Allahabad and from there to Kanpur and there at Kanpur they solemnized their marriage on 26.8.2018, they stayed together as husband and wife for two days and thereafter they came to Naini, Allahabad and started living as husband and wife in a rented room. The statement of the victim was recorded under section 161 Cr.P.C. on 17.9.2018, on which date the victim was alleged to have been recovered, thereafter, the victim with the influence of her parents made false allegations against the present applicant and other accused in her statement under section 164 Cr.P.C. on 19.9.2018. The victim is major and she has wilfully married to the petitioner out of her free will and consent. Prior to this incident the victim was in love affair with the present applicant for the last three years. It is further contended that the accused has been falsely implicated in this case, charge sheet has already been submitted against the applicant. It is further submitted that, the trial has already commenced in which the father of the girl has been examined as P.W.1 and he has specifically denied the allegations levelled against the present applicant likewise the victim was also examined as PW.2 in the Court and she has also not supported the prosecution case and not made any allegations against the present applicant. It is further contended that the applicant is languishing in jail since 18.9.2018. The applicant has no criminal antecedent.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Chandan @ Tharra be released on bail in Case Crime No.315/2018, under Sections 363, 366, 376(2)(i) IPC, and U/s 3/4 of the POCSO Act P.S.-Puramufti, District- Kaushambi 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 :- 27.2.2019/Harshita