Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36052 of 2021 Applicant :- Rajababu Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 97 of 2021, under Sections 344, 363 and 376 I.P.C., P.S. Bilsi, district- Budaun, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant, who happens to be mother of the alleged victim in pursuance of an application given under section 156(3) Cr.P.C. against four persons, including present accused and it was alleged in the FIR that on 30.11.2019 the alleged victim was enticed away by the present accused with the help of other co- accused.
Learned counsel for the applicant submits that as per transfer certificate the date of birth of the alleged victim is 15.7.1997 and she was major at the time of incident. She was in consensual relationship with the applicant and she lived with him at various places in Delhi for more than one year, having ample opportunities to escape from the clutches of the applicant or raising cries for help but she did not raise any alarm anywhere about her captivity. Further submission is that four persons were nominated in the FIR but during investigation, three of them have been exonerated by the police. He lastly submits that the applicant, who is in jail since 7.4.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the alleged victim was major and she lived with the applicant for more than one year, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Rajababu be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.12.2021 Faridul