Court No. - 14
Case :- CRIMINAL APPEAL No. - 3398 of 2018 Appellant :- Gagan Saxena Respondent :- State Of U.P. And Another Counsel for Appellant :- Manoj Yadav,Sarvesh Counsel for Respondent :- G.A.,Praveen Kumar Singh
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Sarvesh, learned counsel for the appellant, Sri Ravi Prakash Bhatt, learned A.G.A. and Sri Praveen Kumar Singh, learned counsel for opposite party no.2.
This appeal is preferred against the order dated 31.05.2018 passed by Additional Session Judge, Court No. 7, Kanpur Dehat in Case Crime No. 786 of 2017 under section 363, 366, 504 IPC under Section 7/8 POCSO Act and 3(1)(10) SC/ST Act, Police Station Akbarpur, District Kanpur Dehat, by which the bail application of the appellant is rejected.
In nutshell the prosecution case is that the complainant Sarvan lodged the FIR against the appellant Gagan Saxena with these facts that he took his sister Preeti to the school and Ram Chandra Saxena told that Rubi, Gagan Saxena and Jitendra taken away his sister Priti from the school by without numbered car white in colour.
Learned counsel for the appellant submitted that appellants Gagan Saxena is falsely implicated in this case whereas learned counsel for the complainant and learned A.G.A. opposed the bail application.
It is worth mentioned that learned counsel for the appellant filed the order dated 03.10.2018 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No. 27541 of 2018 in which the Court has passed the order that Smt. Preeti and Jitendra appeared in Court being identified by their counsels. They submitted that they are major and on their freewill petitioner Smt. Preeti has left her parental house and has entered into matrimonial alliance with petitioner no. 2 Jitendra. In this order Court has also directed not to take the coercive action in this crime no. 786 of 2017 under section 363, 366, 504 IPC under Section 7/8 POCSO Act and 3(1)(10) SC/ST Act, Police Station Akbarpur, District Ramabai Nagar.'
Considering these facts, in my opinion it is fit case for bail. Appeal deserves to be allowed.
Appeal is allowed.
Order dated 31.05.2018 is quashed.
Let appellant Gagan Saxena involved in aforesaid case be released on bail in Case Crime No. 786 of 2017 under section 363, 366, 504 IPC under Section 7/8 POCSO Act and 3(1)(10) SC/ST Act, Police Station Akbarpur, District Kanpur Dehat (Ramabai Nagar) on furnishing a personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Appeal is disposed of accordingly.
Order Date :- 30.11.2018 Swati