Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8018 of 2019 Applicant :- Ravi Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ravi Kumar seeking bail in Case Crime No. 431 of 2018, under Sections 363, 366 IPC, P.S.Jahanganj, District Farrukhabad.
Learned counsel for the applicant has submitted that as per the School Leaving Certificate the date of birth of the victim is 6.4.1999 and she is about 20 years of age and is a major. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under section 164 Cr.P.C. in which she has stated that she is about 15 years of age and does not remember her date of birth. On 6.10.2018 at about 0700 hrs she had left her home without informing her family member and had gone with the applicant by boarding a train to Kolapur and on 22.10.2018 she returned back alongwith the applicant and the applicant has not committed any indecent act with her and she had gone with the applicant on her own free will and volition and now wants to stay with her parents. Learned counsel for the applicant has next submitted that from perusal of the statement of the victim, it is evident that there is no allegation against the applicant that the victim was forcibly taken away or enticed away by the applicant as such primafacie a case for bail is made out.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 26.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Kumar 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 :- 25.2.2019 R