Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46890 of 2017 Applicant :- Sahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Shri Om Prakash 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. Further submission is that applicant did not entice away the victim. As a matter of fact, victim is major and being in love with applicant has gone with applicant out of her own sweet will and solemnized marriage. Further submission is that victim has given false statement under section 164 Cr.P.C. under pressure of family members. Further submission is that had victim been forcibly taken away, she being in company of applicant for about two months and having travelled different places, she would certainly raise alarm. Further submission is that as per medical report the age of victim being shown 16 years and there being possibility of two years fluctuation on either side, the possibility of her being major cannot be ruled out. Further submission is that applicant is in jail since 24.07.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case specially the age as well as statement of victim and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Sahid be released on bail in Case Crime No. 181 of 2017, under Sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, P.S. Khekada, District Baghpat, on 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 :- 29.3.2018 Bhanu