Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49353 of 2018 Applicant :- Pankaj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Girja Shankar Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Pankaj Kumar seeking bail in Case Crime No. 306 of 2017, under Sections 363, 366-A and Section 16/17 of the Protection of Childen From Sexual Offences Act, Police Station-Kishanpur, District-Fatehpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has next drawn the attention of the Court to the statement of the victim recorded during the course of trial in which she has stated that she knows the applicant-Pankaj, prior to the incident and he belongs to her village. On 23.12.2017, she has gone to Delhi along with her husband Pankaj and he had not committed any indecent act with her. She had also denied her statement under Section 161 and 164 Cr.P.C. and has stated that on account of pressure created by the police, she has made the said statement. On the basis of said statement the victim has been declared hostile and has been cross examined, in which she has further stated that the applicant has not taken her to Delhi by enticing her and her marriage was fixed with Pankaj, but due to political enmity her father has lodged the false report.
It is lastly submitted that the applicant is in jail since 06.02.2018 and looking to the statement of the victim, prima facie a case for bail is made out. In case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in the trial. The applicant has no criminal history to his credit.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 06.02.2018, and the victim has turned hostile during the trial as argued by the 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 Pankaj Kumar 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 :- 21.12.2018 sweta