Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2902 of 2019 Applicant :- Monu Katheriya Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma 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 Monu Katheriya seeking bail in Case Crime No. 279 of 2018, under Sections 363,366 IPC, P.S.Rasoolabad, District Kanpur Dehat.
Learned counsel for the applicant has submitted that as per ossification test the victim is aged about 19 years. 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 on 10.6.2018 at about 8.00 p.m. when she had gone to answer the call of nature, the applicant had taken her on his motorcycle to his aunt's (Bua) house and from there he has taken her to Meerut and kept her for seven days and from there she came to Rasoolabad on bus. Learned counsel for the applicant has next submitted that no indecent act has been done with her. Learned counsel for the applicant has next submitted that from perusal of the statement of the victim, it is clear that the applicant has visited with the applicant at several places, however no alarm was raised by her and she is a major girl as per the medical report. Learned counsel for the applicant has next submitted that the applicant is in jail since 29.6.2018, the police report has already been submitted and the chance of trial being concluded in near future is very bleak.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 29.6.2018 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 Monu Katheriya 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 :- 22.1.2019 R