Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48294 of 2018 Applicant :- Salman Ansari Opposite Party :- State Of U.P.
Counsel for Applicant :- Anoop Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Salman Ansari seeks bail in Case Crime No. 203 of 2018, under Sections 363, 366, 120-B I.P.C., & 7/8 POCSO Act, P.S. Vishunpura, District- Kushinagar.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim under Section 161 Cr.P.C., in which, she has stated that Sonu was her classmate and she knows him for the last one year and on 01.09.2018, she had telephonically called him at Dudahi Station, and she reached the Station at about 2:00 in the night without informing her parents, where Sonu along with the applicant Teni @ Sarafat Ali had taken her on a motorcycle to Padrauna where the applicant met her and thereafter she alongwith Sonu and the applicant had gone on Jeep to Kasaya from there she had gone by bus to Gorakhpur and from Gorakhpur she had gone to Delhi by train, where they had taken a room on rent and she used to live with Sonu who had made physical relations with her and when she came to know that her brother Durgesh has lodged a report at police station and the police are harassing the family members of Sonu then they returned from Delhi and she was arrested by the police alongwith Sonu. However in the statement of under Section 164 Cr.P.C., the victim has stated that she had gone on her own freewill and consent alongwith Sonu who is her classmate and she knows him from the last one year and had fallen in love with him and had gone to Delhi. As per the statement under Section 164 Cr.P.C., there is absolutely no whisper about the participation of the applicant in the present incident, as such, prima facie case for bail is made out.
Learned counsel for the applicant has next submitted that similarly placed co-accused Teni @ Sarafat Ali has already been granted bail by this Court in Criminal Misc. Bail Application No.46673 of 2018 vide order dated 6.12.2018.
Learned counsel for the applicant has next submitted that the applicant is in jail since 24.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned A.G.A. has vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 24.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Salman Ansari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 18.12.2018 Md Faisal