Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48269 of 2017 Applicant :- Deepak Kumar Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- A Kumar Srivastava,Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that 14.07.2017 they kidnapped the daughter of the complainant Smt. Maya Devi and compelled her for marriage.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; in the statement recorded under Section 164 Cr.P.C. the prosecutrix has stated that accused Shiv Balak has raped her several times; she has stated nothing against the applicant; according to the medical report the age of the prosecutrix is 16 years; no allegation of rape has been made against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 30.08.2017 (more than five and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of 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 Deepak Kumar Kushwaha involved in the Case Crime No. 345 of 2017, under Section 366 A I.P.C., P.S. Patherwa, District Kushinagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018 A. Tripathi