Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17082 of 2017 Applicant :- Ranjit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
This is the third bail application moved by the applicant before this Court for being enlarged on bail, who is involved in Case Crime No. 535 of 2013, under Sections-363, 366 and 376 (2) IPC and Sections-3/4 of POCSO Act, P. S.- Manjhanpur, district-Kaushambi.
The first two bail applications were rejected by me vide orders dated 31.7.2014 and 21.8.2015 passed in Criminal Misc. Bail Application Nos. 23964 of 2014 and 17451 of 2015 respectively.
The only ground urged by learned counsel for the applicant in support of his prayer for bail is that the applicant is in jail for the last more than four years and despite directed by this Court twice, his trial has not concluded till date for no fault of his. Moreover, the prosecutrix in her statement recorded during trial, copy whereof has been annexed as Annexure 5 to the affidavit accompanying this application, has categorically deposed that she had left her parental home voluntarily and solemnized marriage with the applicant on her own accord without any fear, pressure or coercion and had lived with him as his wife. He has lastly submitted that in view of the above, the applicant who is in jail since 28.12.2013 and has no criminal antecedents to his credit and has served more than half of the minimum sentence prescribed on conviction under the aforementioned offences, is entitled to be enlarged on bail.
Learned A. G. A. has opposed the prayer for bail but he has not disputed the fact that the applicant's trial has not concluded till date for no fault of his.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Ranjit Kumar be released on bail in Case Crime No. 535 of 2013, under Sections-363, 366 and 376 (2) IPC and Sections- 3/4 of POCSO Act, P. S.-Manjhanpur, district-Kaushambi on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
Order Date :- 23.2.2018 / HR