Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56822 of 2019 Applicant :- Ritik Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Sen Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Arvind Sen Gupta, learned counsel for the applicant as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ritik Sharma with a prayer to release him on bail in Case Crime No. - 1033 of 2019, under Section -
363 IPC, Police Station - Modi Nagar, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction, punishable with imprisonment of seven years;
(ii) against FIR lodged on 1.11.2019, the applicant is in confinement since 5.11.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the victim had accompanied the applicant of her own free will and, in any case, she has materially diluted the prosecution case in her statement recorded under Section 164 Cr.P.C.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Prakhar