Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8111 of 2019 Applicant :- Santlal Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Shri Pramod Kumar Srivastava, learned counsel for the applicant and Shri Magnesh Prasad Singh, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant, Santlal Maurya with a prayer to enlarge him on bail in Case Crime No. 85 of 2014, under Sections 363, 366, 506, 376(2) (Jha) IPC and Section 3/4 POCSO Act and 3(2)V SC/ST, Act, P.S. Saini, district Kaushambi.
Earlier the victim had gone with the applicant for which an FIR was lodged at Case Crime No. 153 of 2013, in which he has been granted bail and the same has been mentioned in para 12 of the affidavit filed in support of the bail application. In the FIR, the allegation of enticing away is against the applicant. As per the statements recorded under Section 164 Cr.P.C., copy of which has been filed as annexure SA-1, the victim has named one Ajay @ Maiku and stated that she left her house along with him. The victim has been recovered from the custody of Ajay @ Maiku. As per medical report, age of the victim is 16 years. She is a consenting party and the applicant has been falsely implicated under presumption that he had enticed away the girl, for which the present FIR has been lodged. Charge sheet has been submitted against the Ajay alias Maiku. The applicant has been summoned on an application moved under section 319 Cr.P.C. to face trial. The applicant is in jail since 29.01.2019.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 Sumaira