Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8664 of 2019 Applicant :- Saurabh Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Shri I.M. Khan, Advocate, has put in appearance on behalf of the complainant, in Court today. The same is taken on record.
Heard learned counsel for the applicant, Shri I.M. Khan, learned counsel for the complainant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated due to enmity and harass the applicant; that the prosecutrix is major and matured girl and her radiological age has been determined at 18 years; that the victim herself in her statement under Section 161 Cr.P.C. has stated that the applicant has not committed rape; that there are material contradictions in the statements of prosecutrix under Sections 161 & 164 Cr.P.C. and they are also in contradiction with the averments made in F.I.R.; that the averments made in the F.I.R. are absolutely false, baseless and highly improbable; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 11.1.2019.
Learned A.G.A. and learned counsel for the complainant vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Saurabh Gautam be released on bail in Case Crime No.353 of 2018, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, 2012, P.S.-Lohamandi, District-Agra, 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 :- 27.2.2019 LN Tripathi