Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23670 of 2019 Applicant :- Moh. Kaif Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Prabhat Pandey, Advocate, has filed his Vakalatnama on behalf of informant, which is taken on record.
Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri Prabhat Pandey, learned counsel for the informant, Ms. Poonam Singh Sengar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Mohd. Kaif Alam with a prayer to enlarge him on bail in Case Crime No.356 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station Gagaha, District Gorakhpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR, the prosecutrix was enticed away by the applicant with the help of other co-accused persons. In her statement recorded under Section 164 Cr.P.C. the prosecutrix has stated that she had gone alongwith the applicant on her own sweetwill and has married the applicant at Delhi, but nothing negative has been said against the applicant. As per medical report, the age of the prosecutrix is 18 years. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 16.01.2019. Accordingly, he requests for bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 7.6.2019 Anand Sri./-