Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39705 of 2019 Applicant :- Shiva Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that from the statement of the father of the victim it appears that the victim eloped from her house after taking her mobile and cloths. She was found to be 17 years by the Doctor as clear from the bail order of the co-accused Rajeev Kumar , who has been granted bail vide Criminal Misc. Bail Application No.33279 of 2019. It has been submitted that even after the girl was recovered she refused to go along with her parents, as clear from the statement of the Investigating Officer recorded on 31.05.2019. He has stated that the victim refused to go with her parents and was sent to Rajkiya Mahila Shranalay, Moradabad. It appears that there was discord between the victim and her parents and therefore, she ran away from her house. The applicant is jail since 20.08.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shiva involved in Case Crime No.157 of 2019, under Sections 363, 366, 372 IPC, Police Station Bilari, District- Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.9.2019 SS