Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40862 of 2021 Applicant :- Dhirendra Kumar Gautam@Baba Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that the prosecutrix is a married lady, aged about 28 years, and she has 3 children. Learned counsel for the applicant has referred the statement of prosecutrix, recorded under Sections 161 and 164 Cr.P.C., wherein she has stated that she was in love with applicant, who is her brother-in-law and she along with her niece has gone with applicant on her own free will and she has started residing with him. She has also stated that as her husband used to assault her by drinking liquor, thus she has gone with applicant on her own freewill. Learned counsel for the applicant has also referred the statement of niece of the applicant, who is aged about 17 years, but she has also not made any allegation of kidnapping or molestation against the applicant and she has stated that applicant is her uncle and she along with prosecutrix has gone with her uncle. Learned counsel for the applicant submitted that no case is made out against the applicant and that the applicant is languishing in jail since 19.9.2019 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail. However, he does not dispute the aforesaid factual position.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Dhirendra Kumar Gautam@Baba involved in Case Crime No. 0369 of 2019, under Sections 363, 366 of IPC and 7/8 P.O.C.S.O. Act, Police Station Baksha, District Jaunpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021/SA Digitally signed by RAJBEER SINGH Date: 2021.10.27 10:22:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad