Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3794 of 2019 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Deepak seeking bail in Case Crime No. 468 of 2018, under Sections 363, 366, 354(B) IPC and Sections 7/8 of POCSO Act, Police Station Hata, District Kushinagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under Section 164 CrPC, in which, she has stated that on 18.10.2018 at about 8:30 in the evening, she had made a phone call to the applicant Deepak and called him and had gone with him to visit the Village Fair and from there, they proceeded for Mumbai via Padrauna, Gorakhpur, however, alighted at Lucknow and stayed in a lodge on her own free will and volition, however, the applicant Deepak has not committed any indecent act with her and thereafter, they returned back to Lucknow and she knows the applicant Deepak for last two years.
Learned counsel for the applicant has next submitted that from the perusal of the aforesaid statement, it is evident that there is absolutely no allegation that the applicant had enticed away or forcibly taken away the victim, as such, prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 27.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 27.10.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Deepak be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.2.2019 Nadim