Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44059 of 2018 Applicant :- Rudwesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.,Amar Bahadur Maurya,Karunanand Tiwari
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 26.8.2018 by the informant against the applicant alleging that on 23.8.2018, he kidnapped the daughter (13 years) of complainant Bhagirathi 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. According to medical report, she is aged about 18 years and major (photo copy of medical report is annexed at page no. 32 of bail application). Entire prosecution story is false and concocted. There is no independent witness. 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 abducted her. She has also stated that she had gone her friend's house on her own sweet will and her consent; he 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 27.8.2018 (more than three months) having no criminal history.
Learned counsel for the complainant opposed the prayer 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 Rudwesh Kumar involved in the Case Crime No. 594 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kotwali, District Maharajganj 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 subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2018 A. Singh