Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33326 of 2017 Applicant :- Harbindar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against unknown persons alleging that on 20.8.2016 they kidnapped the son Husain (one year) of Ram Shankar from the railway station, subsequently, he was recovered on 1.9.2016 from the possession Khushi and Harbindar was also present there at the time of recovery; she was selling the boy at the rate of Rs. 5,000/- to Lakhan.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Co-accused namely Deepa@Khusi Balmiki already been granted bail by this Court vide order dated 15.2.2018 in Criminal Misc. Bail Application No. 5486 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Entire prosecution story is false and concocted. There is illicit relationship between the husband of co-accused Khusi and mother of kidannped child. There is no independent witness against the applicant. Applicant and co-accused Khusi were neighbour in a rented house. The applicant is innocent and has been falsely implicated in the present case. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 1.9.2016 (more than two years), having no criminal hisotry.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Harbindar involved in the Case Crime No. 364 of 2016 as well as S.T. No. 151 of 2017, under Sections 363, 370 IPC, P.S. G.R.P., District Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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.
Order Date :- 13.9.2018 A. Singh