Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49532 of 2018 Applicant :- Manoj Kumar Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Manoj Kumar Rai seeking bail in Case Crime No. 194 of 2017, under Sections 363,366 IPC, P.S. Sikriganj, District Gorakhpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under section 164 Cr.P.C. in which she has stated that her mother used to torture her and as such on 27.8.2017 she on her own free will and consent at about 10.00 a.m. had left her home and she had fallen in love with one Vipin Rai and on the way she met the applicant who is son of the Vipin's aunt (Bua) and had gone with him to Gorakhpur and from there went to Ludhiyana. She had called Manoj Rai by giving a telephonic call and on 1.9.2017 she had solemnised marriage with Vipin Rai at Durga Temple and both are living as husband and wife and she also performed court marriage with him and wants to stay with him. She has further stated that she does not want to live with her family members. There is absolutely no whisper that the applicant had enticed her away or had forcibly taken her, as such primafacie a case for bail is made out.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 31.7.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Manoj Kumar Rai be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 R