Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8599 of 2019 Applicant :- Pawan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated due to ulterior motive; that the first information report itself is delayed about 23 days and no suitable explanation has been given for the delay in lodging the FIR; that the prosecutrix in her statement under Sections 161 and 164 Cr.P.C. has stated that she has soleminized marriage with the accused-applicant on her own free-will and from their wedlock, there have a baby aged about 1 year; that the prosecutrix is major and matured girl and her radiological age has been determined at 17 years; that the averments made in the F.I.R. are absolutely false, baseless and highly improbable; that from the averments made in F.I.R. the prosecutrix appears to be consenting party; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 22.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Pawan be released on bail in Case Crime No.891 of 2016, under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act, P.S.-Loni, 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 :- 27.2.2019 LN Tripathi