Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49739 of 2017 Applicant :- Pradeep Kumar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Sri Chandra Prakash Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant has been falsely implicated due to ulterior motive. Applicant is neither named in FIR nor his name has surfaced in the statement of victim u/s 161 & 164 Cr.P.C. The complicity of applicant has been divulged in the subsequent statement of the victim which has been recorded after 15 days of the alleged occurrence. Further submission is that there is material contradiction in the statement of victim u/s 161 & 164 Cr.P.C., where in statement u/s 161 C.P.C. she has stated that she had left her house at her own free will, she has stated differently in statement under Section 164 Cr.P.C.. Even otherwise, victim had an affair with applicant and wanted to marry him. He further submits that victim's age being determined at 16 years in medical report and therein being possibility of two years fluctuation on either side, she appears to be major. He further submits that applicant who is in jail since 05.11.2017 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. while opposing the prayer for bail has not disputed that victim has not taken the name of the applicant in her statement u/s 161 & 164 Cr.P.C.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, especially the statement of the victim and also the trial which has not likely to be proceeded, I find it to be a case of bail.
Let applicant Pradeep Kumar Rajbhar be released on bail in Case Crime No. 764 of 2017, under Sections 363, 366, 376, 506 I.P.C. and 5/6 Protection of Children from Sexual Offence Act, 2012, P.S. Munderwa, District Basti, 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 :- 22.2.2018 Siddhant Sahu