Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45383 of 2017 Applicant :- Nakhadu @ Nikhil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Chand Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The victim had love affair with the applicant and she willingly ran away from her house taking Rs. 40,000/- with her. It is further contended that the statements of the victim recorded under Sections 161 and 164 Cr.P.C. clearly show that in both she has categorically stated that she willingly left to Mumbai with co-accused Amit as she was in love with the applicant since last 5 years. The attention of this Court has been drawn to the radiological report of the victim showing her age as 18 – 19 years, all her epiphysis being found to be fused. It is further submitted that the applicant has no criminal antecedent, he is languishing in jail since 03.8.2017, there is no likelihood of early disposal of trial and the applicant undertakes that if released on bail, he will never misuse her liberty and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail application but he could not point out anything relevant to contradict to the aforesaid submissions made by learned counsel for the applicant.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant Nakhadu @ Nikhil Kumar, who is involved in Case Crime No. 471 of 2017, under Sections 363, 366, 376 I.P.C. and ¾ of POCSO Act, Police Station Chaubepur, District Varanasi be released on bail on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions : -
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. .
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.11.2017 S.B.