Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8355 of 2019 Applicant :- Hero Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Hero seeking bail in Case Crime No. 410 of 2018, under Sections 363, 366, 452, 323, 342, 504 IPC and Sections 16/17 of POCSO Act, Police Station Kothibhar, District Maharajganj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case only on account of the fact that the applicant is the maternal uncle of the co-accused Markandey. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under Sections 161 and 164 CrPC, in which, there is not a whisper about the participation of the applicant in the present case, however, in the statement of the first informant- Ram Bachan, it is alleged that when he had gone to know the whereabouts of her daughter- Priyanka at the house of the applicant, then the applicant alongwith Dadhibal, Jilajeet and Malti, father, mother, brother and maternal uncle of Markandey had assaulted him, however there is no injury report of Ram Bachan available on record. Learned counsel for the applicant has next submitted that no specific role of enticing away the victim or forcibly taking her away has been alleged against the applicant. Lastly, it is submitted that applicant is in jail since 30.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 30.12.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Hero be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 KU