Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35586 of 2019 Applicant :- Ram Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by applicant- Ram Kumar for bail in Case Crime No. 489 of 2018, under Section 363, 366, 376, 504 I.P.C and 3/4 POCSO Act,, P.S. Maudarwaja, District Farrukhabad.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He has not committed any offence. The victim is his legally wedded wife and a child has also took birth out of the wedlock of victim and applicant. Learned counsel further submits that victim, in her statement under Sections 161 and 164 of Cr.P.C., has categorically stated that she had gone with applicant with her own freewill to Delhi and married with him; according to victim neither offence of kidnapping nor rape was committed with her by the applicant; she is aged about 20 years. The victim has also filed an affidavit with supplementary affidavit dated 16.9.2019 stating that applicant has been falsely implicated. The applicant is law abiding person having no criminal history. He is languishing in jail since 14.7.2019. If he be released on bail, he will never misuse his liberty and will co- operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Ram Kumar, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
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 :- 25.9.2019 Vandana