Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14863 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Priya Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.B.Mishra, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged an F.I.R. against the applicant alleging that he had abducted the daughter of his brother on 17.12.2017 and subsequently lodged missing report after 9 days on 26.12.2017.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant has not enticed away the prossecutrix rather she had gone in the company of the applicant out of her own volition because the prosecutrix had fallen in love with the applicant. It is also contended that they have married each other and are living as husband and wife. The prosecutrix in her statements recoded under sections 161 Cr.P.C. & 164 Cr.P.C. has not levelled any allegation or any kind of assault against the applicant. As per medical report the age of the prosecutrix was determined to be 18 years and she refused to undergo either for internal or external examination on her person. The delay in lodging the missing report has not been explained by the prosecution, which creates doubt in the prosecution story. The victim has been recovered by the police and she is in the custody of his parents as she had stated in her statement recorded under section 164 Cr.P.C. that she wants to go with her parents. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.12.2017. Apart from it, the applicant has no other reported criminal antecedent.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Jitendra involved in Case Crime No.784 of 2017, under Sections 363, 366, I.P.C., Police Station Gulariha, District Gorakhpur 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.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.4.2018 IA