Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23563 of 2019 Applicant :- Guddu Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Guddu Kumar has prayed to release him on bail in Case Crime No. 206 of 2019, u/s 363, 366, 368 I.P.C., P.S. Phase-2, Noida, District Gautam Buddh Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas prosecutrix being major in her statements recorded u/s 161 and 164 Cr.P.C. has categorically stated that she was with the the accused-applicant upon her own volition and no offence was committed by the accused- applicant. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that this report was got lodged by mother of prosecutrix by mentioning her age to be of 17 years and she in her statements recorded u/s 161 and 164 Cr.P.C. has categorically said to have gone with the accused-applicant upon her own volition and neither she was enticed nor taken away by accused -applicant. Under all above circumstances, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Guddu Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.6.2019 Pcl