Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9950 of 2018 Applicant :- Sheru Opposite Party :- State Of U.P.
Counsel for Applicant :- S.K.Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed by learned A.G.A. is taken on record.
In compliance of the order dated 15.03.2018 it has been explained that accused Neelu is alias Sandeep.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two accused persons, namely, Sheru and Neelu alleging that on 27.03.2017 they kidnapped the daughter of the complainant Chedi Lal, aged about 14 years and compelled her for marriage and later on the prosecutrix was recovered.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; in the statement recorded under Section 164 Cr.P.C. the prosecutrix has stated nothing against the applicant; all allegations have been made against co-accused Neelu @ Sandeep; it has also been stated that the applicant has not made any sexual relation with her; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 03.07.2017 (more than eight and half months) having no criminal history.
Learned A.G.A. 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 Sheru involved in the Case Crime No. 189 of 2017, under Sections 363, 366 I.P.C. and 7/8 Protection of Children From Sexual Offences Act, 2012 and 3(2) (5) SC/ST Act, P.S. Bindaki , District Fatehpur 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.
Order Date :- 23.3.2018 A. Tripathi