Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34420 of 2018 Applicant :- Roshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.,S.P.Pandey,Sanjay Shukla
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State, Sri S.K. Singh holding brief of Sri Sanjay Shukla, learned counsel for the informant and perused the record.
Applicant- Roshan seeks bail in Case Crime No. 41 of 2018, under Sections 363, 366 IPC and 7/8 POCSO Act, P.S. Pathra Bazar, District- Siddharth Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive. He has further submitted that from the perusal of the statement of the victim- Radhika u/s 164 Cr.P.C, it is clear that the victim has not been enticed away and in her statement she has stated that out of her own free-will, she had gone to Mumbai and had joined the company of the applicant. Learned counsel for the applicant has further submitted that the applicant is in jail since 24.7.2018 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 the applicant has no criminal history.
Learned AGA as well as learned counsel for the first informant have opposed the prayer for bail, but could not dispute the fact that from the statement of victim it is clear that she out of her own free-will had joined the company of the applicant and that the applicant has no criminal history to his credit.
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 applicant Roshan 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 :- 29.10.2018 KU