Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43890 of 2017 Applicant :- Radhey Shyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Mohd. Abrar Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated due to ulterior motive. He further submitted that applicant did not entice away the victim. As a matter of fact, applicant and victim were in love with each other and victim has left her home at her own which is apparent from her statement under Sections 161 & 164 Cr.P.C. As per medical report, victim is major. He further submitted that applicant who is in jail since 21.7.2017 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. has vehemently opposed the prayer and submitted that as per educational certificate, victim is minor, therefore, her consent is no consent in law.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Radhey Shyam be released on bail in Case Crime No. 320 of 2017, under Sections 363, 366, 376(2)(I) I.P.C. and 3/4 Protection of Children from Sexual Offence Act, P.S. Sarai Akil, District Kaushambi, 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