Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4232 of 2019 Applicant :- Jeetu Gaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Kumar Maurya 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 Jeetu Gaur seeking bail in Case Crime No. 788 of 2018, under Sections 363, 366 IPC and Sections 7/8 of POCSO Act, Police Station Kotwali, District Fatehpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 CrPC, in which, she has stated that her date of birth is 07.01.2001 and she is aged about 17 years and she had fallen in love with the applicant. On 26.09.2018, she had gone with the applicant to solemnize her marriage and has married him in a temple. However, in her statement under Section 164 CrPC, she has stated that she does not remember her date of birth and the applicant is her neighbour and on the date of incident at about 11:00-12:00 in the night, she had gone to answer the call of nature, where somebody had gagged her and thrown her in a vehicle and she became unconscious and when she regained consciousness, she found herself sitting in a train, where applicant was also present, who had taken her to Delhi and kept her there in a room for 15-16 days, however, she did not raise any alarm and about 2-3 days back, Jeetu brought her back to Fatehpur on a bus and left her there.
Learned counsel for the applicant has next submitted that from the perusal of the aforesaid statements of the victim, it is evident that there is sharp contradiction in the statements of the victim under Sections 161 CrPC and 164 CrPC, as such, prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 25.10.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA 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 25.10.2018.
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 Jeetu Gaur 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 :- 30.1.2019 Nadim