Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32395 of 2018 Applicant :- Rohtas @ Raudas Opposite Party :- State Of U.P.
Counsel for Applicant :- Munesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Munesh Kumar Upadhyay, learned counsel for the applicant and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant is aged about 60 years and he has not committed any offence as stated by the prosecution. It is also submitted that as per statement of victim recorded u/s 164 Cr.P.C. she herself stated that she on her own free Will went with applicant. A copy of the statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure No. 2 to the affidavit filed in support of bail application. It is also submitted that the informant used to treat the victim girl with cruelty and was pressurizing her to make marriage with a man of mature age, just double the age of victim whereupon she requested the applicant to anyhow, save her from the scourge of her father and by fleeing away to some other place, she could prevent her father from doing the sin of marrying her with someone, much aged than her and as such the applicant had to go with her and when after passing two days, he had no resource or shelter to provide her security, he, himself, handed over her to the concerning police station stating there the correct facts but the concerned Investigating Officer with the collusion of the informant has falsely roped the applicant in the present case. The said fact has been mentioned in para 11 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.06.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Rohtas @ Raudas involved in Case Crime No. 128 of 2018, under Sections 363 & 366 I.P.C., Police Station Palimukeempur, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.8.2018 Arti