Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8110 of 2019 Applicant :- Ram Suraj @ Vishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mohd Shabbir holding brief of Mr. Mohd. Shamim Khan and Mr. O.P. Mishra, learned A.G.A.
The present bail application has been filed by the applicant, Ram Suraj @ Vishal with a prayer to enlarge him on bail in Case Crime No. 125 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, police station Siddharth Nagar, district Siddharth Nagar.
The present FIR has been lodged with false and fabricated allegations against the applicant. The victim has given the statement under section 164 Cr.P.C. against the applicant under pressure of her parents. The victim is already married and was staying at her parents house as her Gauna has not been performed. As per statement under section 161 Cr.P.C., the applicant and the victim appear to be consenting. She has not made any allegation of commission of offence upon her without her consent. The victim has expressed that she was in relationship with the applicant for the last three years on her own consent. As per version of the FIR, the victim had left her house along with the applicant with some ornaments and cash on her own sweet will. Subsequently, after twenty days, she has, for the first time, made allegations against the applicant about the commission of offence. The applicant has been falsely implicated as his father had seen her with the applicant and the victim being already married, who resides at her parents place, had developed being pressurized by her parents. The applicant is in jail since 2.6.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 Sumaira