Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17439 of 2019 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Entire allegation levelled in the FIR against the present applicant is false. In fact, no such incident ever took place as alleged in the FIR. FIR is lodged on 06.02.2019 regarding the offence said to have been committed on 21.01.2019. Informant is the father of the victim. He himself has mentioned in the FIR that victim was aged about 17 years and she had taken Rs. 70,000/- from the box. Referring to the medical evidence, it is further submitted that in the radiological report, age of victim was found about 18 years. Learned counsel for the applicant also referred to the statement of the victim recorded under Sections 161 & 164 Cr.P.C. and argued that victim herself has stated that if both the family are agree, she can marry with the applicant as she like him. Referring to these facts, it is further submitted that victim was a consenting party. She stayed for many days along with applicant. No compliant was made by her during that period. The applicant has no criminal history. He is languishing in jail since 14.02.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pradeep Kumar involved in Case Crime No. 14 of 2019, under Sections 363, 366, 376-D IPC and Section 6 POCSO Act, P.S. Khanna, District - Mahoba be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.4.2019 Sanjeet