Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1450 of 2019 Applicant :- Ramu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shahroze Khan,Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A.,Surya Prakash Vishwakarma
Hon'ble Vikram Nath,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri R.K. Chaudhary, learned counsel for the applicant, learned A.G.A. for the State and Sri Surya Prakash Vishwakarma, learned counsel for the complainant.
Learned counsel for the applicant submitted that the applicant is in jail since 28.11.2018 and has no criminal antecedents, which fact is not disputed by the learned counsel for the opposite parties. It is further submitted that the alleged role of the applicant in the FIR is only of facilitating in the taking away of the victim. It is further submitted that the victim had appeared before this Court in Criminal Misc. Writ Petition No.35754 of 2018, Radha Vishwakarma and 3 others vs. State of U.P. and 3 Others, alongwith Dipak and that she had stated before this Court that she was major and on her own free will walked out from her parental house and had entered into matrimonial alliance with Dipak.
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 applicant- Ramu s/o Shri Ambika, be released on bail in Case Crime No.311 of 2018, under Sections 363, 366, 504 IPC and Section 7/8 Protection of Children from Sexual Offences Act, Police Station- Kotwali Bansi, district- Siddharth Nagar, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.4.2019 RPS