Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50724 of 2017 Applicant :- Laxman Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Shri Kamlesh Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated due to ulterior motive. He further submitted that there is inordinate delay of more than 9 months in filing of F.I.R. without any plausible explanation. He further submitted that applicant and victim had an affair with each other and had solemnized marriage in a temple, thereafter, victim started living at her matrimonial home. He further submitted that victim has given false statement u/s 161 & 164 Cr.P.C. under the pressure of her family members. It is further contended that though the age of prosecutrix has been shown 17 years in the medical report, but there being possibility of two years fluctuation on either side, possibility of prosecutrix being major on the date of alleged occurrence cannot be ruled out. He further submitted that applicant who is in jail since 25.08.2016 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 and submitted that prosecutrix has supported the prosecution and there is no reason of false implication.
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 Laxman Pandey be released on bail in Session Trial No. 533 of 2016 arising out of Case Crime No. 432 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, P.S. Ramkola, District Kushinagar, 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 :- 22.2.2018 Siddhant Sahu