Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36191 of 2016 Applicant :- Sadaru @ Sadaruddeen Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjan Dhwaj Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ranjan Dhwaj Tiwari for the applicant and Additional Government Advocate for the State.
Sadaru @ Sadaruddeen (applicant) is in jail since 01.09.2016 in connection with Case Crime No. 243 of 2016, under Section 363, 366, 376D, 342, 323, 506, IPC P.S. Thuthibari, district Maharajganj.
F.I.R. of the incident was lodged by Lallan father of the victim on 17.8.2016 at 23-30 hours. According to the F.I.R. Km. Khushboo minor daughter of first informant was kidnapped by the applicant and Moharram son of Jalim on 14.8.2016 from his house. Khushboo had also taken Rs.85000/- cash and 03 sets of ornaments of gold and silver. On 15.8.2016 the victim was apprehended by the members of Hindu Yuva Vahini and handed over the victim to the first informant. The statement of victim was recorded on 19.8.2016 under Section 161 Cr.P.C. in which she had stated that on 15.8.2016 the applicant Sagaroo took the victim to market on the pretext that her father had received some injury. Thereafter he told her to accompany him to Delhi but they could not get train. Thereafter, she was left by the applicant to village Gadaura from where she went to her father's house. She has specifically denied that the applicant ever behave with her. According to her statement, on the date of incident she was major, her date of birth being 19.5.1998.
The counsel for the applicant submits that victim had voluntarily gone with the applicant as she wanted to marry with him. There is no allegation of misbehaviour by the applicant with victim.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The application is allowed.
Let the applicant Sadaru @ Sadaruddeen involved in Case Crime No. 243 of 2016, under Section 363, 366, 376D, 342, 323, 506, IPC P.S. Thuthibari, district Maharajganj. be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2018 mt