Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1725 of 2019 Applicant :- Javed @ Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Chandra Singh,Satish Chandra Singh Counsel for Opposite Party :- G.A.,Satya Deo Ojha
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Shri Sharad Chandra Singh, learned counsel for the applicant and Shri Nagendra Kumar Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant, Javed @ Monu with a prayer to enlarge him on bail in Case Crime No. 223 of 2018, under Section 376 IPC and 3/4 POCSO Act, P.S. Saiyadraja, district Chandauli.
The FIR has been lodged by the father of the victim, who has stated in the FIR itself that the applicant was connected with the victim since last three years. In the statements under Sections 161 and 164 Cr.P.C. there are contradictions. From perusal of the X-ray report, the girl appears to be major. The girl has accepted to have been in relationship with the boy and she is pregnant. In para 10 of the application it has been stated that the victim was having affairs with the applicant. It has been further argued at bar that she has delivered a baby girl and the applicant's family is ready to enter into compromise in the matter by marrying the applicant with the victim.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 28.11.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall deposit a sum of Rs. 50,000/- within 15 days after his release in the name of the victim in a nationalized bank in fix deposit.
2. . The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira