Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30543 of 2018 Applicant :- Ram Brijesh Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Yadav, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ram Brijesh Thakur with a prayer to release him on bail in Case Crime No. 756 of 2017, under Sections 363, 366, 376, 494 IPC and Section 3/4 POCSO Act, Police Station - Rasra, District - Ballia, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction to force marriage and rape of a minor girl;
(ii) against FIR lodged on 17.06.2017, the applicant is in confinement since 10.01.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, the victim had falsified the prosecution case in her statement recorded under Section 164 Cr.P.C.. Also, it has been submitted, the victim Mansha Thakur had approached this Court alongwith the applicant by filing Writ-C No. 20209 of 2017 and had been granted protection. However, since the criminal case had been registered, the applicant came to be arrested;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 AHA