Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36473 of 2018
Applicant :- Pinku @ Yogendra Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anil Kumar, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
Learned counsel for the applicant submitted that the first information report of the incident was lodged after four days without any plausible explanation. From the perusal of the facts stated by the prosecutrix Sachna @ Rachna in her statement recorded under section 164 Cr.P.C. (Annexure-4), it appears that she was a consenting party, who had eloped with the applicant and lived with him at Firozabad having ample opportunities to escape or raising cries for help but she did not avail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 26.2.2018, has no other criminal history and there is also no possibility of his 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. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Pinku @ Yogendra, be released on bail in Case Crime No. 949 of 2017, under Sections 363, 366, 368, 354A I.P.C. and Section 7/8 POCSO Act, P.S. Kasganj, district-Kasganj, on furnishing a personal bond and two sureties of Rs. one lac each (one should be of his family member) in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Keeping in view the dictum of the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2004, trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 25.9.2018 Faridul