Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44872 of 2018 Applicant :- Rajman Opposite Party :- State Of U.P.
Counsel for Applicant :- Piyush Kant Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rajman seeks bail in Case Crime No. 160 of 2018, under Sections 363, 366, 120-B IPC and 17/18 of POCSO Act, P.S. Baksa, District- Jaunpur.
Learned counsel for the applicant has submitted that even according to the statement of the victim under Section 164 Cr.P.C, she has clearly stated that she knows Mohit Nishad for the last one year and she wanted to marry him. However, her family members were opposed to her marriage, as such she left her house on her own free-will and accord and Mohit, Aneeta and applicant- Rajman has no role to play in the said incident and she has also married with Mohit and wanted to live with him. Lastly, it is submitted that applicant is in jail since 25.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant has no criminal history to his credit and he is in jail since 25.7.2018.
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 applicant Rajman 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 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 his 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 :- 29.11.2018 KU