Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7330 of 2018 Applicant :- Prahlad Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Om Prakash Singhl, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged 3.1.2018 by the informant against the applicant alleging that on 31.12.2017 he kidnapped the daughter (14 years) of complainant Rajesh Verma and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. The applicant is innocent and has been falsely implicated in the present case. According to medical report, she is major and aged about 18 years. In the statement recorded u/s 164 Cr.P.C. the prosecutrix has stated that her parents were beaten her, she went to her friend's house, no one has kidnapped her. She has also stated that he has done nothing wrong with her. In case the applicant is released on bail, he will not misuse the liberty of bail; he is in jail since 4.1.2018 (more than one and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Learned counsel for the complainant opposed the prayer for bail and submitted that according to school living certificate, prosecutrix is minor.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Prahlad Gupta involved in the Case Crime No. 05 of 2018, under Sections 363, 366 IPC and Section 7/8 POCSO Act, P.S. Pataherwa, District Kushi Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018 A. Singh