Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49062 of 2018 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Chaturvedi,Tripti Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Monu seeks bail in Case Crime No.112 of 2018, under Sections 363, 366 IPC, P.S. Mantola, District- Agra.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per the medical report, the girl is aged about 18 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 she knows the applicant for the last two years. On 2.11.2018 she called Monu and went alongwith him to his sister's house and after two days on 4.11.2018, police reached the house of the applicant's sister and had taken her away. She is 18 years of age and had gone out of her own free-will and consent and Monu is not at fault and she has further stated that during this period, the applicant has not made any physical relations with her nor has committed any offence and her family members are now ready to marry her with Monu. From the said statement, it is clear that the applicant has not enticed her or forcibly taken her away. Lastly, it is submitted that applicant is in jail since 4.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the victim is major and had gone with the applicant on her own free- will and consent.
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 applicant Monu 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 :- 20.12.2018 KU