Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36410 of 2018 Applicant :- Raj Kumar @ Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the father of the victim has borrowed Rs. 10,000/- from the applicant, on several occasions the applicant requested to the informant to return the money but the informant has not returned the money due to this some quarrel has also taken place between the applicant and informant and on 02.06.2018 the informant has registered the first information report against the applicant only not to return the money of the applicant. The said fact has been mentioned in para 13 to the affidavit filed in support of bail application. As per medical report no any injury found on the body of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 04.06.2018 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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Raj Kumar @ Raju be released on bail in Case Crime No. 145 of 2018, under Sections 452, 354, 323 IPC & Section 8 of Protection of Children from Sexual Offences Act, Police Station- Khurja Dehat, District- Bulandshahar 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 after release.
(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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 25.9.2018 Arti