Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8185 of 2019 Applicant :- Lekhpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Lekhpal has prayed to release him on bail in Case Crime No. 309 of 2018, u/s 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Narkhi, District Firozabad.
Heard learned counsel for the applicant and Mr. N. K. Srivastava, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this case. The prosecutrix in her statements recorded under sections 161 and 164 Cr.P.C. has categorically stated that she was in love affairs with the applicant. She had gone with the applicant upon her own volition. She performed marriage with the applicant in a temple and she lived with him. In the statement recorded u/s 164 Cr.P.C. she stated her age to be 18 years. In the medical examination no injury was found on her person. It is lastly submitted that the applicant is languishing in jail since 1.10.2018, there is no likelihood of early conclusion of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.
Learned AGA has opposed the bail application..
Under above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Lekhpal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.2.2019 Pcl