Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45372 of 2017 Applicant :- Riyasat Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Supplementary affidavit filed today to bring on record the copies of the statements of the victim, the copy of radiological examination report and the copy of school leaving certificate of the victim, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
It is contended by learned counsel for the applicant that the applicant is innocent. The victim is major as her radiological examination report shows that she has been found to be 18 years of age. She has refused for her external or internal medical examination and in her statement recorded under Section 164 Cr.P.C. she has categorically stated that she had left her home in the company of the applicant out of her own free will and had performed Nikah with him willingly. Learned counsel has contended that as the father of the victim was against their marriage, he lodged a false report against the applicant. It is further contended that the applicant has no criminal antecedent, he is languishing in jail since 8.8.2017, there is no likelihood of early disposal of trial and the applicant undertakes that if released on bail, he will never misuse her liberty and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail application but he could not point out anything relevant to contradict to the aforesaid submissions made by learned counsel for the applicant.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant Riyasat, who is involved in Case Crime No. 200 of 2017, under Sections 363, 366, 376 I.P.C. and ¾ of POCSO Act, Police Station Kotwali Dehat, District Saharanpur be released on bail on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions : -
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. .
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.11.2017 S.B.