Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57597 of 2019 Applicant :- Jai Hind Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission is that from the statement of victim under Section 164 Cr.P.C. it appear that she is consenting party and went with the appellant on her free will without raising alarm and making any complaint. The statement of the victim does not corroborates the prosecution case. The applicant has been falsely implicated in this case. The age of the victim is about 18 years as per the report of C.M.O., Maharajganj dated 24.09.2019. The victim has admitted eloping with the applicant and going to different places without raising any alarm. The Apex Court in the case of Rajak Mohd. Vs. State of Himachal Pradesh in Criminal Appeal No. 1395 of 2015 vide order dated 23.08.2018 has held that where the prosecutrix lived with the accused and freely moved around with the accused where she came across many people at different points of time but never complained of any criminal act, the conviction of the accused under Section 363, 366, 376 I.P.C was held to be unwarranted in law. The applicant has been falsely implicated in this case. He has no criminal history to his credit and he is languishing in jail since 21.09.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Jai Hind, be released on bail in Case Crime No. 194 of 2019, under Section- 376 IPC, Police Station-
Ghughali, District- Maharajganj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Rohit