Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27816 of 2018 Applicant :- Heera Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of counsel for the applicant is that according to the medical examination age of the victim is found to be around 16 years but that she was above that age and was fully grown up major girl at the time of incident. Further submission is that victim is said to have gone with the applicant on 24-12-2017 when she was apprehended by the police after about one month of the incident. In her statement given before the Magistrate she has stated that she had gone to the railway station on calling of the applicant and had also taken a pair of clothes with her. Further submission is that this is the strong circumstance to suggest that she had gone with the applicant on her own volition willfully and there was no element of coercion involved in this process. She also admits that she was taken to Ghaziabad. Further submission is that travelling from Allahabad to Ghaziabad is a very long distance covering a hundreds of kms and it is highly improbable to suggest that during all this period she would not get any occasion to protest, resist or raise any alarm unless she herself was the willing party and eloped with the applicant willfully. Submission is that actually she was in love with the applicant and both of them wanted to have marriage and as the parents did not agree with this relationship, the applicant was falsely implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 30.01.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Heera Lal involved in Case Crime No.671 of 2017, u/s 363, 366, 376 I.P.C., P.S.-Kareli, District-Allahabad, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2018 shiv