Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39642 of 2018 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Devendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sachin, who is involved in Case Crime No. 55 of 2017, under Sections 366, 504, 506, 376, 323, 328 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Uruwa Bazar, District Gorakhpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; prosecutrix has been held to be of 18 years in medical examination report; she under her own volition went with accused-applicant to Mumbai, where she got married with him and remained there for one year; no protest or complaint was ever lodged by her, whereas this accusation is with ulterior motive; accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report was got lodged on 11.04.2017 at 15.30 P.M. upon the report of Ramjeet against accused-applicant and two others. The statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C. is having variation. The prosecutrix has been held to be of 18 years as per medical examination report. The accused-applicant is of no criminal antecedents. The prosecutrix remained at Mumbai for a considerable period and entered in marriage with him at a temple; no protest or complaint was ever lodged by her, hence considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sachin, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 26.4.2019 NS