Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5344 of 2018 Applicant :- Ramjanam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav,Shams Tabrez Alam Ansari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Shams Tabrez Alam Ansari, learned counsel for the applicant, Sri H.P. Gupta, learned AGA for the State and perused the record.
Learned A.G.A. as well as learned counsel for the applicant submitted that bail application of co-accused is not pending.
According to prosecution case, F.I.R. was lodged against unknown person alleging that daughter of the complainant was missing from 23.4.2017. Later on she was recovered and her statement was recorded under Section 161 of Cr.P.C. on 30.6.2017 after two months of the incident and she stated that she went with the applicant (Ramjanam Yadav) and get married with him in Temple and made physical relation. Later on, her second statement was recorded under Section 164 of Cr.P.C.. on 3.7.2017 in which she stated that marriage was done but she was forced to go with the applicant.
Learned counsel for the applicant submitted that according to medical report, the age of the prosecutrix was found 18 years. The prosecutrix is major and she is consenting party. No offence under Section 376 I.P.C. is made out against the applicant. The applicant is languishing in jail since 10.11.2017 (one year and eight months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this cased decided in near future. There is no independent witness/eye witness account against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramjanam Yadav involved in Case Crime No. 131 of 2017, under Section 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station-Gola, District- Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 OP