Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21099 of 2016 Applicant :- Haneef Opposite Party :- State Of U.P.
Counsel for Applicant :- Kandarp Narayan Mishra,Brijesh Kumar Mishra,M.N.Pathak,Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Brijesh Kumar Mishra for the applicant and A.G.A. for State of UP.
Counsel for the applicant submits that the applicant Haneef is in jail since 9.5.2016 in Case Crime No. 78 of 2016, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S.Badhauchghat, Distt. Deoria .
FIR of the incident dated 19.4.2016 was lodged on 27.4.2016 at 10 AM. According to FIR Kumari Jyoti, the minor daughter of first informant had went to worship of Deehwar Baba on 19.4.2016 at 7 PM and from that place, the accused Haneef, Yasin, Ishu, Rahmat and Tasbun Khatun were enticed the daughter of the first informant and abducted her. The victim was recovered on 8.5.2016 then her statement under Section 164 Cr P C was recorded on 16.5.2016 before Additional Judicial Magistrate in which she had stated that she voluntarily went with Haneef and thereafter she married with him and residing as husband and wife. The medical examination of victim was conducted on 13.6.2016 in which her age was mentioned as about 18 years. No external injury was found on the body of the victim.
AGA has opposed the prayer for bail.
Keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and 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 Haneef involved in Case Crime No. 78 of 2016, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S.Badhauchghat, Distt. Deoria be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 26.4.2018 Rahul /-