Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8659 of 2019 Applicant :- Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that the informant has lodged FIR on 7.9.2018 against the unknown person, alleging therein that on 5.9.2018 at 3.00 pm the daughter of the informant aged about 10 years had gone to market for purchase of note book and she did not return back till late night, then the informant searched for her daughter but she was not traced out, the informant has also searched mobile phone of her daughter and found that her daughter used to talk to someone on the mobile, basing on that she suspected that the said person has enticed away her daughter. It is further contended that the victim was recovered on 14.9.2018 in the company of the applicant and her statement was recorded on the same day in which she has stated that, she developed friendship with the applicant through facebook and the victim called the applicant to come to Siddhartha Nagar, she along with applicant had gone to Saharanpur at her free will and she has also stated that the applicant has not committed any offence against her, she further stated that she is aged about 17 years and passed intermediate. It is also contended by the learned counsel for the applicant that the victim was medically examined on 22.9.2018 and from the medical report it is evident that no external or internal injury was found on the body of the victim. According to the medical report the age of the victim was found to be above 18 years. The victim was produced before the Magistrate concerned on 28.9.2018 and her statement under section 164 Cr.P.C. was recorded on the same day and in the said statement the victim, under the threat and pressure of her parents for the first time has stated that she was kidnapped and raped by the applicant. It is further contended that the accused applicant has been falsely implicated on account of malafide intention. Victim is consenting party but due to pressure of her parents she has given false statement before Magistrate and the applicant is in jail since 14.9.2018. The applicant has no criminal antecedents.
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 Danish be released on bail in Case Crime No.247 of 2018, under Sections 363, 366, 376 IPC, and 3/4 Protection of Children from Sexual Offence Act P.S.-Siddharth Nagar, District-Siddhartha Nagar 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