Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10983 of 2018 Applicant :- Kalua Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 22.7.2015 against Kalua, Jagmohan, Smt. Sharda, Km. Chanda, Suneel and one unknown person alleging that on 31.8.2014 the wife of complainant Om Prakash was abducted by these accused persons and was handed over to the accused Suneel; the accused Suneel and his friend raped her several times.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; in the statement recorded under Section 164 Cr.P.C. the prosecutrix has stated nothing against the applicant; all allegations are made against the father of the prosecutrix; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 19.12.2017 (more than three months) having no criminal history. Co-accused namely Jag Mohan has been granted bail by this Court on 21.2.2018 vide Criminal Misc. Bail Application No. 6642 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Kalua involved in the Case Crime No. 479 of 2015, under Sections 366, 372, 373, 368, 342 I.P.C., P.S. Goverdhan, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018//A. Singh