Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7002 of 2018 Applicant :- Jitendra Kumar Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Santosh Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is not named in the F.I.R., his name has come into light during the course of investigation in the statement of victim. Further submission is that applicant did not entice away the victim. As a matter of fact, victim had an affair with co-accused Shailendra Pandey and gone with him out of her own sweet will, which is apparent from her statement under sections 161 and 164 Cr.P.C. Further submission is that applicant has been implicated on account of being friend of co-accused Shailendra Pandey. Further submission is that with regard to applicant the victim has only stated that she had stayed at his house in Allahabad. Further submission is that applicant is languishing in jail since 09.10.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Jitendra Kumar Tiwari be released on bail in Case Crime No. 141 of 2017, under Sections 363, 366, 368, 376 I.P.C. and section 3/4 POCSO Act, 2012, P.S. Koirauna, District Bhadohi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 /Bhanu