Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40409 of 2019 Applicant :- Mahendra Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Shubham Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava, J.
Learned counsel for the applicant has filed photocopies of two bail orders dated 26.08.2019 passed in Criminal Misc. Bail Application No. 26088 of 2019 - Sanju Vs. State of U.P. and order dated 26.09.2019 passed in Criminal Misc. Bail Application No. 26331 of 2019 - Sameer Vs. State of U.P. which are taken on record.
This bail application has been filed by applicant for bail in Case Crime No. 654 of 2018 under Sections 363, 366, 376 I.P.C and 4 Protection of Children from Sexual Offence Act, 2012, Police Station - Kotwali Nagar, Mahoba, District - Mahoba.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. The applicant has not committed any offence. The victim in her statement under Sections 161 & 164 Cr.P.C. has specifically stated that she is aged about 18 years and love affairs with the applicant. The applicant had not abducted her and she had gone with the applicant by her own will.
Learned counsel further submits that victim has also stated that she was living with the applicant as husband and wife, although they had not married with each other, but she wants to live with the applicant and applicant has not committed rape with her. Learned counsel further submits that co-accused Sanju and Sameer have already been enlarged on bail by the coordinate Bench of this Court. The applicant is law abiding person having no criminal antecedents and is languishing in jail since 24.04.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant - Mahendra Kushwaha, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 27.09.2019.
Vinod.