Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48342 of 2018 Applicant :- Karan Singh @ Tinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Counter affidavit filed today is taken on record.
Heard Sri Janmed Kumar, for the applicant and Additional Government Advocate for the State.
Karan Singh @ Tinku (applicant) is in jail since 11.8.2018 in connection with Case Crime No. 108 of 2018, under Sections 363, 366, 376 and Section 3/4 POCSO Act, P.S. Alau, district Mainpuri.
In substance in the F.I.R. the allegation has been made that on 16.3.2018 at about 10-00 P.M. daughter of the informant, namely, Navjyoti had gone outside to ease when Karan Singh @ Tinku had enticed and abducted her and she had taken three mobiles along with her. The victim was recovered and thereafter her statement under Section 164 Cr.P.C. was recorded on 23.5.2018 in which she had stated that that on 16.3.2018 at about 10-00 P.M. when she had gone to ease outside the house then the accused on pistol point abducted her. She was taken to the houses of 2-3 relations and she remained with the accused for one and half months. The accused had committed rape upon her. In medical examination report her age was determined as 16 years.
The counsel for the applicant submits that according to the first informant as well as victim abduction took place in the night at 10-00 P.M. when the victim had gone to ease out side in the field. He submits that it is not expected from any persons to carry three mobiles with her while going to ease. He submits that she was a consenting party. She had admitted that she had been to various place and had occasion to raise alarm during the period of one and a half months when she remained with the applicant but she did not do so which shows that she was a consenting party. The applicant is in jail since 11.8.2018. .
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The application is allowed.
Let the applicant Karan Singh @ Tinku accused in Case Crime No. 108 of 2018, under Sections 363, 366, 376 and Section 3/4 POCSO Act, P.S. Alau, district Mainpuri, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 29.5.2019 mt