Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11080 of 2018 Applicant :- Ravindra Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 13.6.2017 by the informant against three accused persons namely, Bale Sahani, Sachit Sahani and Ravindra Sahani alleging that on 4.6.2017 they kidnapped the daughter of complainant Devilal and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix has stated that no one has kidnapped her. She has also stated that she had gone with Bale Sahani on her own sweet will and consent and got married with Bale Sahani; applicant has done nothing wrong with her. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 27.9.2017 (six months) having no criminal history. Co-accused namely Bale Sahni and Sachit have already been granted bail by co-ordinate Bench of this Court on 13.12.2017 and 14.12.2017 vide Criminal Misc. Bail Application Nos.48403 of 2017 and 46772 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Ravindra Nishad involved in the Case Crime No. 323 of 2017, under Sections 363, 366 IPC and Section 3/4 POCSO Act, P.S. Chiluatal, District Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.3.2018 A. Singh