Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39725 of 2021 Applicant :- Ram Pravesh @ Vikadu Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwani Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ram Pravesh @ Vikadu seeking enlargement on bail during trial in connection with Case Crime No. 0359 of 2021, under Sections 363, 366 I.P.C. registered at P.S.- Kopaganj, District- Mau.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. The victim is consenting party. Offences under sections 363, 366 IPC are not made out against the applicant.
Learned counsel for the applicant drew the attention of the Court towards the statement of victim under Sections 161 and 164 Cr.P.C. wherein she has specifically stated that she went with the applicant out of her own sweet will. Her parents were marrying her against her wishes with somebody else and after knowing this, she left her home. Further submitted that the applicant is languishing in jail since 06.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, could not dispute the statement of the victim under Sections 161 and 164 Cr.P.C.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the statements of victim under Sections 161 and 164 Cr.P.C. it is prima facie evident that the victim is consenting party, she went with the applicant out of her own sweet will, there is no enticement, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Ram Pravesh @ Vikadu involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 v.k.updh.