Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7314 of 2018 Applicant :- Prem Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 18.10.2017 by the informant against seven accused persons namely, Sandeep, Vinod, Kukku, Arun, Omwati, Prem Singh, Rajkali alleging that on 18.9.2017 they kidnapped the minor daughter (14-15 years) of complainant Smt. Jagviri.
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. According to medical report, prosecutrix is aged about 19 years, she is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix has stated that no one has kidnapped her. She has also stated that she had gone to the house of her grandmother (nani) at Meerut. In case the applicant is released on bail, he will not misuse the liberty of bail; he is in jail since 16.12.2017 (more than two months). Co-accused namely Omwati has been granted bail by this Court on 12.2.2018 vide Criminal Misc. Bail Application No. 5242 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
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.
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 Prem Singh involved in the Case Crime No. 1037 of 2017, under Sections 363, 342 IPC and Section 7/8 POCSO Act, P.S. Hapur Nagar, District Hapur 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