Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20750 of 2018 Applicant :- Ratan Kumar Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Chandra Kushwaha,Murari Lal,Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ratan Kumar Gautam with a prayer to release him on bail in Case Crime No. 827 of 2016, under Sections 363, 366, 328, 506, 376 IPC and 3/4 POCSO Act, Police Station Naini, District- Allahabad, during pendency of trial.
It is argued by the learned counsel for the applicant that in the statement of victim under Section 161 Cr.P.C., she has admitted eloping with the appellant on her own will. She went to Bombay with the applicant and therefore, she was recovered from Mahoba by the police. The age of the victim, as per medical report, is 16-18 years. Medical report does not supports the prosecution case. Statement of victim under Section 164 Cr.P.C. is absolutely at variance with the statement under Section 161 Cr.P.C. and FIR. The applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 25.9.2016. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Ratan Kumar Gautam involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.5.2019 Ruchi Agrahari