Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31064 of 2019 Applicant :- Ramesh @ Umesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braj Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Ramesh @ Umesh with a prayer to release him on bail in Case Crime no. 755 of 2018 under sections 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Karchhana, District Allahabad during pendency of the trial.
The allegation in the FIR is that the daughter of the informant aged about 17 years has been allured by one Saurabh and on 10.11.2018 at about 11:00 AM in the noon he has enticed away his daughter and when he asked about his daughter he abused the informant and also threatened him of dire consequences.
The submission of the learned counsel for the applicant is that the applicant is not named in the FIR. The applicant and daughter of the informant are in love with each other. It is further submitted that in her statement under Section 164 Cr.P.C. she has stated that on 10.11.2018 she was beaten by her mother, therefore, she ran away with the applicant to his house at Naini and thereafter, they have married on 01.01.2019 in a temple. She has also stated that thereafter, they went to Delhi and got their marriage registered. She has also stated that she has gone in the company of the applicant out of their own free will and they are living as husband and wife. The contention further is that the applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 02.02.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
On the other hand, learned A.G.A. opposed the prayer for bail of the applicant but could not dispute the above arguments as advanced by the learned counsel for the applicants It is further submitted that the complicity of the applicant in the crime cannot be ruled out at this stage.
Having considered the rival submissions of the learned counsel for the parties, facts and circumstances of the case, without expressing any opinion on the merits of the case, prima facie, in my opinion, a case for grant of bail is made out.
Let the applicant Ramesh @ Umesh involved in Case Crime no. Case Crime no. 755 of 2018 under sections 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Karchhana, District Allahabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 Kirti