Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41443 of 2018 Applicant :- Raheesan Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Raheesan seeking bail in Case Crime No. 425 of 2018, under Sections 363, 366 I.P.C., P.S. Gunnaur, District Sambhal.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. He has next submitted that in the statement of victim Suman recorded under Section 161 Cr.P.C., it has been categorically stated by her that in the night of 14.07.2018 at about 2 O' clock she was enticed away by the applicant. The said statement is also corroborated by her mother who is said to have seen the applicant taking away the victim and on her alarm a number of witnesses reached at the place of occurrence yet, the applicant is said to have taken away the victim which does not inspire confidence. In the statement of the victim recorded under Section 164 Cr.P.C., the time of incident is stated to be 11:30 P.M. which is in sharp contrast to the time mentioned in statements under Section 161 Cr.P.C. of the witnesses.
He has further submitted that the applicant is in jail since 15.07.2018 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicant has no criminal history to her credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and that the applicant has no criminal history to her credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Raheesan be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 Arun Gangwar