Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8284 of 2019 Applicant :- Ravi Gaud Alias Ravi Shankar Gaud Opposite Party :- State Of U.P.
Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ravi Gaud Alias Ravi Shankar Gaud seeking bail in Case Crime No. 73 of 2018, under Sections 363, 366 IPC and Sections 7/8 of POCSO Act, Police Station Durgaganj, District Bhadohi.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court towards statement of the victim recorded under Section 161 CrPC, in which, she has stated that on 08.10.2018, she had left her school and made a phone call to a boy and then went to Janghai with him by boarding a Jeep and from there, boarded a train and reached Badshahpur and from there, reached Allahabad Station by train and was waiting for boarding a train, when she was arrested by GRP Police. She has further stated that she had gone with the boy on her own free will and volition and he has not committed any indecent act with her. However, in her statement under Section 164 CrPC, she has stated that on 08.10.2018, she was going to her school and at Durga Ganj Marekt, the applicant met her and asked her to elope with him. The applicant Ravi had infact enticed her away and had taken her to Janghai, thereafter, to Badshahpur and from there, to Allahabad, where she was arrested by the GRP Police.
Learned counsel for the applicant has next submitted that there is material contradiction in the statements of the victim recorded under Sections 161 CrPC and 164 CrPC, as such, prima face a case for bail is made out.
Learned counsel for the applicant has next submitted that the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 10.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 10.10.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and 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 the applicant Ravi Gaud Alias Ravi Shankar Gaud be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 Nadim