Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31409 of 2018 Applicant :- Raheesh Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Mani Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 181 of 2018, u/s 363, 366, 376(2)N IPC and section 6/18 POCSO Act, P.S. Baheri, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is wholly innocent and has been falsely implicated by the first informant along with six of his other family members as he belongs to different community. The fact is that the victim was in love with the applicant and she has eloped with the applicant on 2.3.2018 and went to Mujaffar Nagar. The said fact has been stated by the victim in her statement u/s 164 Cr.P.C., she has also admitted to have established physical relation with the applicant and has stayed from 2.3.2018 to 6.3.2018, she has categorically denied that the applicant had forcibly kidnapped or enticed her and also given a clean chit to other family members of the applicant. During investigation, after statement the victim was produced before the Chief Welfare Committee for her custody. The Committee by order dated 8.3.2018 handed over the custody to her father on the ground that the victim is a minor with a condition that parents of the victim shall produce her before the Committee on the next date fixed. It is argued that a day before when the victim was to be produced before the Committee the first informant, his wife and other family members murdered the victim and were cremating the dead body. The police after receiving information immediately reached at the spot and lodged F.I.R. against them. Copy of the F.I.R. has been annexed as annexure-8 to the affidavit. Learned counsel states that just because a young girl loved the applicant she was done to death by the first informant as the victim was not willing to stay with them. The applicant is in jail since 7.3.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Raheesh Ahmad involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2018 Dhirendra/