Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8020 of 2019 Applicant :- Ram Sagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Bhushan Srivastava,Rakesh Kumar Mishra 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 Sagar seeking bail in Case Crime No. 372 of 2018, under Sections 363, 366 IPC and Section 7/8 of POCSO Act, Police Station Jalalabad, District Shahjahanpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim under Section 161 CrPC, in which, she has categorically stated that she had gone to Punjab along with one Anuj and from there to Ghaziabad, where she was arrested by the Police.
On the other hand, in the statement under Section 164 CrPC, she has stated that in the night, the applicant along with Ram Sagar and Anuj had forcibly taken her away to Punjab and she stayed there for two days and thereafter, Mukesh, Sonu and Ramveer brought her back. Thus, there is sharp contradiction in the statements of the victim under Section 161 CrPC and Section 164 CrPC, as such, prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 22.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that in the statement of the victim under Section 161 CrPC, there is no whisper about the involvement of the applicant in the present case and that the applicant is in jail since 22.09.2018.
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 Sagar 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 :- 25.2.2019 R