Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48124 of 2017 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Naveen Kumar Yadav,Kamal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Kamal Singh Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that F.I.R. of the incident has been lodged by the father of the victim with delay of 4 days without any plausible explanation. Further submission is that applicant did not entice away the victim. As a matter of fact, applicant and victim both being in love with each other, victim had gone with applicant with her sweet will and solemnized marriage also which is apparent from her statement under sections 161 and 164 Cr.P.C. Further submission is that in medical report, victim has been shown to be 17 years old and there being possibility of two years fluctuation on either side, she is major. He further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer for bail has not disputed that victim has not supported the prosecution.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Monu be released on bail in Case Crime No.1247 of 2017, under Sections 363, 504, 506, 376 I.P.C. and section 3/4 POCSO Act, P.S. Sihani Gate, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.2.2018 Neeraj