Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34458 of 2016 Applicant :- Sanjay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Lal,Anuruddh Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today on behalf of the applicant, which is taken on record.
Heard Sri Anuruddh Chaturvedi, learned counsel for the applicant and learned AGA for the State and perused the record.
According to prosecution case the FIR was lodged against unknown persons on 03.08.2015 on the basis application under Section 156(3) Cr.P.C. alleging that on 16.02.2015 the sister of complainant namely Komal went with some unknown person. After investigation it was found that applicant has kidnapped the prosecutrix. The charge-sheet was submitted by the police.
Prosecutrix has been examined before the court as P.W.-1 and she stated that no body has kidnapped her; she went to the house of her maternal aunt (Maushi) without informing her family members due to the reason that his mother was intended her to marry her with a very old person, hence she went to the house of her maternal aunt (Maushi); when she came back she found that her brother has lodged the FIR against the applicant namely Sanjay Kumar, because some money was taken by her mother with Sanjay Kumar, hence he has been falsely implicated in the present case; prosecutrix is aged about 19 years. Hence there is no evidence against this accused.
Learned counsel for the applicant submitted that the applicant is in languishing in jail since 16.06.2016 (more than one years and ten months) having no criminal history; has been falsely implicated in the present case; there is no independent witness against the applicant; in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial and cooperate in trial; there is no legal evidence against the applicant.
Learned A.G.A. for the State opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Sanjay Kumar involved in the Case Crime No.610 of 2015, under Sections 363, 366, 323, 342, 504, 376, 506, I.P.C. and 3/4 POCSO Act, Police Station Naubasta, District Kanpur Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 VKG