Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31113 of 2016 Applicant :- Ram Lakhan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghan Shyam Yadav,Krishna Dutt Awasthi,Sunita Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Dev Raj Singh holding brief of Smt. Sunita Chauhan, for the applicant and Additional Government Advocate for the State.
The applicant is in jail since 9.3.2016 in connection with Case Crime No. 16 of 2016 under Sections 363, 366, 376 I.P.C. and 3(2) 5 Scheduled Castes/Scheduled Tribes Act, P.S. Arwakatara, district Auraiya.
F.I.R. of the incident dated 5.10.2015 was lodged on 26.02.2016 in which the applicant was not named. Later on statement of the abductee was recorded under Section 161 Cr.P.C.in which she had disclosed that on 5.10.2015 when she was going to her village Ghazipur along with her parents then the applicant came in a Bolero car and dragged her inside it. Thereafter he took her to Delhi where they lived for about five months. In the meantime, the applicant made illicit relations with her in collusion with his wife due to which she became pregnant of five months. In the medical examination her age was found to be 18 years. The counsel for the applicant submits that for a period of five months the victim had occasion to go on public places where she could have raised alarm but she could not so which shows that she was consenting party.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail inasmuch as the applicant has been granted bail in the main case also. The application is allowed.
Let the applicant Ram Lakhan Yadav accused in Case Crime No. 16 of 2016 under Sections 363, 366, 376 I.P.C. and 3(2) 5 Scheduled Castes/Scheduled Tribes Act, P.S. Arwakatara, district Auraiya. be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.4.2018 mt