Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11203 of 2018 Applicant :- Devesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Anil Kumar Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant did not entice away the victim. In fact, victim who is major and being in love with applicant had gone with applicant out of her own sweet will and solemnized marriage as is evident from the certificate of marriage issued by Marriage Registration Officer, Ghaziabad. Further submission is that had victim been forcibly taken away by the applicant, she being in company of applicant more than a month and having travelled different places, she would certainly raise alarm. Further submission is that victim has given false statement under sections 161 and 164 Cr.P.C. under pressure of family members. Further submission is that applicant who is in jail since 06.01.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim has supported the prosecution and there is no reason of false implication.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, specially the age as well as statement of victim and also that in the wake of heavy pendency trial is not likely to be concluded in near future, I deem proper to enlarge applicant on bail.
Let applicant Devesh Yadav be released on bail in Case Crime No. 1024 of 2017, under Sections 366 and 376(1) I.P.C., P.S. Kotwali, District Etawah, 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 :- 28.3.2018 /Bhanu