Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4002 of 2019 Applicant :- Rahul Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Rahul Gautam in Case Crime No. 0997 of 2018, under Sections 363, 366 I.P.C., Police Station- Khorabar, District- Gorakhpur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Prima facie, no offence under Section 363, 366 I.P.C. is made out. In the statement of victim recorded under Section 161 and 164 Cr.P.C., there is nothing to suggest that there is any kind of allurement or inducement on the part of applicant which prompted the victim, aged about 18, to make out offence of kidnapping, whereas, on the contrary she has stated that she had left her parental home as she was being tortured by her parents and she had called the applicant on phone and then they went to Gorakhpur station. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.11.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Rahul Gautam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019/ Vikas