Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7851 of 2018 Applicant :- Sagir @ Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Kundan Rai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Applicant did not entice away the victim. As a matter of fact both the applicant and victim being in relationship with each other, victim had gone with applicant out of her own sweet will and solemnized marriage, which is apparent from her statement under sections 161 & 164, Cr.P.C. It is also submitted that after solemnizing marriage the applicant and victim had jointly approached this Court for protection of their civil rights in which the victim had stated to be wife of the applicant. It is further submitted that after marriage, victim is living in the house of the applicant as his wife. It is also submitted that the victim has been examined in trial court but she has not supported the prosecution therein also.
Learned A.G.A. while opposing the prayer for bail has not disputed that victim has not supported the prosecution during trial.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit of the case, I find it to be a case of bail.
Let applicant- Sagir @ Monu be released on bail in Case Crime No. 400 of 2017, under Sections 363, 366, 376, IPC & Section 3/4 POCSO Act, P.S.-Cantt, District Varanasi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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 :- 27.2.2018 T. Sinha