Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18181 of 2019 Applicant :- Deepak Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. Offence is said to have been committed on 30.10.2017 and FIR was lodged on 1.11.2017 only for the offence under Sections 363, 366 IPC and Section 7/8 POCSO Act. Although victim has supported in the statement recorded under Section 164 Cr.P.C. but she did not support the prosecution case during trial. Even she has stated that statement under Section 164 Cr.P.C. was recorded on the advise. She has also stated that she had gone at her own freewill along with the present applicant. He is languishing in jail since 27.4.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Deepak Kumar involved in Case Crime No. 340 of 2017, under Sections 363, 366, 376 IPC and Section 7/8 POCSO Act, P.S. Alau, District Mainpuri be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.4.2019 Sachdeva