Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41024 of 2021 Applicant :- Prem Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.,Sikandar Khan
Hon'ble Subhash Chandra Sharma,J.
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.
Facts in brief are that the daughter of the informant was enticed away by the applicant on 23.02.2021 at about 1:30'O clock in the night.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has not made any enticement of victim. In her statement recorded under section 164 Cr.P.C. victim has stated that Deepak, Pankaj and Vishal were the persons who took her with them. She has not named this applicant. The age of the victim was about 17 years at the time of occurance. No allegation of rape has been made by the victim against the applicant. The applicant is languishing in jail since 27.05.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail and urged that victim had stated before the Magistrate in Majid statement that she was in love affair with the applicant and further urged that applicant is the real person who has enticed the victim, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that victim has not named the applicant in her statement recorded before the Magistrate 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 Prem Kumar involved in Case Crime No.1089 of 2021 under section 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Aurangabad, District Bulandshahar, 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.
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 :- 17.12.2021 Ashok Gupta