Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45009 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kishor Gupta 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 seeking bail in Case Crime No. 135 of 2018, under Sections 354, 341, 504, 506 IPC, 8 Protection of Children from Sexual Offences Act, 3(1)(d), 3(1)(dha), 3(2) (va), 3(1)(1)(B) of S.C./S.T. Act, Police Station Panwadi, District Mahoba.
Learned counsel for the applicant has drawn the attention of this Court to the statement of the victim under Section 164 Cr.P.C., in which, she has stated herself to be aged about 17 years and on 06.06.2018 while, she was going to ease alongwith her sister, the applicant alongwith three other persons abused them, for which, a complaint was made to their family members.
It is further submitted that subsequently when they met them near the bridge then Ravi caught her by her hand and on raising alarm, her grandfather and uncle reached at the place of the incident then the accused persons fled away. There is absolutely no allegation of committing any indecent act with the victim. However, the victim Sunita in her statement under Section 161 Cr.P.C. has stated that on alarm being raised persons sitting on the bridge came there and reprimanded them, then they fled away as such there is contradiction in the statement of the victim under Section 161 and 164 Cr.P.C.
Learned counsel for the applicant has next submitted that the applicant is in jail since 07.09.2018 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 has opposed the prayer for bail but could not dispute the aforesaid fact and that the applicant is in jail since 07.09.2018.
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 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 :- 27.11.2018 Ashok Gupta