Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49017 of 2018 Applicant :- Ram Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ram Babu seeking bail in Case Crime No. 303 of 2018, under Sections 366,506 IPC, P.S.Gabhana, District Aligarh.
Learned counsel for the applicant has submitted that the victim is aged about 20 years and had fallen in love with one Dharmendra. She has stated in her statement under section 164 Cr.P.C. that on 13.6.2018 at about 5.30 p.m. she had gone to throw the garbage on the plot of her aunt where she met Dharmendra, Sagar, Ram Babu and they had taken her to Faridabad and Dharmendra started living with her in a rented room and committed indecent act with her. He had taken her to Govardhan and thereafter she returned to Faridabad alongwith Dharmendra.
Learned counsel for the applicant has further submitted that Dharmendra who is the main accused has already been granted bail by this Court in Criminal Misc. Bail application No. 39258 of 2018 vide order dated 10.10.2018. No specific role of outraging the modesty has been assigned against the applicant and he has been falsely implicated in the present case. It is lastly submitted that the applicant in jail since 12.7.2018 and in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. The applicant has no criminal history to his credit.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant Ram Babu 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 :- 20.12.2018 KU