Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48129 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.138 of 2018, under Sections 363, 366 I.P.C. Police Station Captanganj, District Azamgarh.
Learned counsel for the applicant submits that according to the prosecution, the daughter of the informant aged about 16 years was kidnapped on 13.7.2018 at about 3:30 a.m when she had gone to call of nature. He submits that the first information report has been lodged belatedly on 17.7.2018. In the statement under Section 164 Cr.P.C., she has stated that no misdeed has been committed with her. It is also submitted that according to the medical report, she is 18 years old which indicates that she herself had gone with the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 16.08.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Raju involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.6.2019 S. Singh