Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30299 of 2018 Applicant :- Jai Kumar @ Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the deceased, Vaishali, is alleged to have eloped with the applicant on 12.12.2017 and the FIR was registered on 28.02.2018 by her grandfather. The age of Vaishali was stated as 17-1/2 years by her father in his statement before the police.
Counsel for the applicant has submitted that thereafter a dead body of woman aged about 30 years was recovered in Haridwar on 22.02.2018 and the inquest was conducted on the same date and post-mortem was conducted on 25.02.2018. On the basis of confessional statement of the accused-applicant dead body of Vaishali was identified and the applicant has been implicated in this case. The statement of the land lady where the applicant was allegedly residing with Vaishali has also been recorded and she has identified Vaishali from photograph. It has been submitted that there was considerable difference in the age of Vaishali and the dead body which was recovered and the police has wrongly connected the same with the present case and the applicant has been implicated under the alleged sections. The applicant is in jail since 04.03.2018 and has no criminal history to his credit.
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 Kumar @ Pintu, be released on bail in Case Crime No. 123 of 2018, under Sections- 363, 376, 201, 302 IPC & Section 5 ठ /6 POCSO Act, Police Station- Gangoh, District- Saharanpur, 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 :- 22.8.2019 Rohit