Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1179 of 2019 Applicant :- Mehtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Adesh Kumar,Kamlesh Kumar Dwivedi,Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Lavesh Sharma
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and gone through the material available on record.
This bail application has been preferred by the accused- applicant namely Mehtab, who is involved in Case Crime No. 666 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station- Tejganj, District-Agra.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; the father of the victim has lodged the F.I.R. who was indulged in business with the applicant; in the F.I.R. the age of victim has been shown as 13 years whereas in the medical report her age has been determined as 17 years, there is major contradiction between the statements under Section 164 and 161 Cr.P.C.; in her statement under Section 164 Cr.P.C., she states that she voluntarily has left her house and alleged that boyfriend of her sister has committed rape with her whereas in her statement under Section 161 Cr.P.C. she alleged that accused-applicant called her at Meerut Bus Stand from where she was taken to a house and there applicant committed rape with her. It has been lastly submitted that accused-applicant has no other criminal history and is languishing in jail since 18.10.2018.
Learned A.G.A has vehemently opposed the prayer for grant of bail and submitted that accused after abducting the minor victim has committed rape with her.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mehtab involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He shall cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 S.Verma