Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35163 of 2019 Applicant :- Saadan Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Saadan has prayed to release him on bail in Case Crime No. 223 of 2019, u/Ss 363, 366 and 376 I.P.C., 3/4 of POSCO Act and 3(2(V) of Scheduled Castes and Tribes (Prevention of Atrocities) Act, P.S. Tajganj, District Agra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Prosecutrix is major. She has been held to be of age of majority in medical age determination test. She, in her statement recorded under Section 161 and 164 of Cr.P.C. has not supported the case of prosecution. She under her own volition, has gone with applicant and is living as his wife. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that First Information Report was got registered at police station Tajganj on 7.3.2019 on 21:21 P.M. for offence for an occurrence of 7.3.2019 at 9:30 A.M. It was said in FIR that informant's daughter Rachna had gone at 9:30 A.M. for market but she did not turn up. When she searched, it came to notice that she was in company of Sadaan, son of Aslam, who has enticed her and taken her. She was of 16 years of age and had fled with golden ornaments and cash of rs. 30,000/-. Prosecutrix was apprehended and her statement, under Section 161 Cr.P.C., was got recorded wherein she has resiled from case of prosecution and has said that she being major was under her own volition with applicant. She has neither been enticed nor kidnapped nor abducted by him. She, in her medical age determination test, has been held to be of 18 years.
Under all above 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.
Accordingly, the bail application is allowed.
Let the applicant, Saadan, involved in above mentioned case crime number be released on bail on his executing a personal bond and 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 :- 30.9.2019 Kamarjahan