Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24798 of 2019 Applicant :- Deepak Thakur Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavitra Kumar Pathak,Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.528 of 2018, under Sections 352, 354, 506, 427 I.P.C. and 7/8 Protection of Children from Sexual Offence (POCSO) Act, Police Station Bakewar, District Etawah.
Learned counsel for the applicant submits that according to prosecution on 11.02.2018 there was marriage program of his younger son namely Ajay in which applicant with other person came and misbehaved with the grand daughter when she alarmed then other persons came and saved to the victim. Subsequently applicant along with some other persons threatened to the informant's family members and on 25.07.2018 applicant with other persons armed with arms came and attacked the house of informant and also broken the bathroom door. As per high-school certificate age of the victim is 17 years and near about 8 months and according to the statement of victim under section 164 Cr.P.C. her age is 18 years. Offence under section 7/8 Protection of Children from Sexual Offence (POCSO) act is not made out against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 05.02.2019.
Learned counsel for the applicant submitted that until the victim is married the applicant will not go near the residence of victim.
Per contra, learned counsel for the complainant and learned A.G.A. have vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Deepak Thakur involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will furnish undertaking that until the victim is married he will not go near the residence of victim.
2. The applicant shall not tamper or pressurize the prosecution evidence.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.6.2019 Swati