Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17940 of 2019 Applicant :- Ramkhilawan Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed by the learned counsel appearing on behalf of the opposite party is taken on record.
Supplementary affidavit by the learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per allegation in FIR dated 02.01.2019 that on 21.12.2018 the victim enticed away by Ranjeet alias Dimpu with the aid of the applicant and Sangeeta.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It is submitted that the FIR is delayed by 10 days there is no explanation regarding the same. He further submits that Ranjeet alias Dimpu is the main accused who have got married with the victim. No specific role has been assigned against the applicant. Main accused have got the bail from the session court. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 18.03.2019. He has having no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Ramkhilawan involved in Case Crime No.03 of 2019, under Sections 363, 366, 376, 120B I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, P.S.Shivli, District– Kanpur Dehat, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 26.11.2019 C. MANI