Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41221 of 2018 Applicant :- Shivdarshan @ Sudarshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Shivdarshan @ Sudarshan seeking bail in Case Crime No. 933 of 2018, under Sections 363, 366 I.P.C, P.S. Dhoomanganj, District Allahabad.
Learned counsel for the applicant has submitted that the First Information Report has been lodged against unknown persons after delay of more than 14 days and no explanation whatsoever, has come forth for such delay. Learned counsel for the applicant has drawn the attention of the court to the statement of Victim Neha in which she has categorically stated the she knows the applicant Shivdarshan @ Sudarshan for the last several days and used to visit his house where they met and started loving each other and she had left her home on 24.06.2018 out of her own free will. Learned counsel for the applicant has next drawn the attention of the Court to statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that she had gone to her maternal aunt's place and nobody had enticed her away.
He has further submitted that the applicant is in jail since 31.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 31.08.2018 and and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Shivdarshan @ Sudarshan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.10.2018 Arun Gangwar