Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8989 of 2018 Applicant :- Ratnesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Santosh Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is not named in the F.I.R., his name has come into light during the course of investigation in the statement of victim under sections 161 and 164 Cr.P.C. Further submission is that applicant has not been assigned the role of kidnapping/enticing away the victim, per statement of the victim, she had gone with applicant out of her own sweet will and solemnized marriage also. Further submission is that applicant is in jail since 10.01.2018, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer for bail has not disputed that victim has said noting against applicant in her statement.
Having heard the submission of learned counsel of both sides, considering that there is no allegation against applicant in the statement of victim under sections 161 and 164 Cr.P.C. and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Ratnesh be released on bail in Case Crime No. 703 of 2017, under Sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, P.S. Ajitmal, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/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 for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 :- 29.3.2018 /Bhanu