Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49397 of 2017 Applicant :- Durga Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiresh Kumar,Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit has been filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three accused persons including the applicant, namely, Kamal, Shera and Akash alleging that on 30.07.2017 they kidnapped the daughter of complainant Jameel Ahmad and compelled her for marriage.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the prosecutrix is major aged about 18 years; in the statement recorded under Section 164 Cr.P.C. she has stated that she went with the co-accused Kamal of her own free will and free consent; she has also stated that the applicant has done nothing wrong with her; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 17.08.2017 (more than six months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Durga Prasad involved in the Case Crime No. 343 of 2017, under Sections 363, 366, 368 I.P.C. and Section 17 Protection of Children From Sexual Offences Act, 2012, P.S. Bhojpura, District Bareilly be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018/A. Tripathi