Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44412 of 2017 Applicant :- Nitin @ Sunny Opposite Party :- State Of U.P. Counsel for Applicant :- Sushant Misra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Sushant Misra, 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 first information report of incident has been lodged by mother of the prosecutrix with delay of three days without any plausible explanation. Further submission is that applicant did not entice away victim. As a matter of fact, victim is wife of applicant, which is apparent from the statement of victim under sections 161 & 164, Cr.P.C. Further submission is that applicant is in jail since 5.10.2017 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer without disputing that victim has not supported prosecution.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and statement of victim in which she has not supported prosecution, I find it to be a case of bail.
Let applicant- Nitin @ Sunny be released on bail in Case Crime No. 570 of 2017, under Sections 363, 366, 376, IPC & Section 3/4 POCSO Act, P.S.-Kotwali Farrukhabad, District Farrukhabad, on his 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 :- 28.2.2018 T. Sinha