Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48917 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Madan Kumar Tiwari 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 Sonu seeking bail in Case Crime No. 40 of 2018, under Sections 363,366 IPC and 3/4 POCSO Act. P.S. Baria, District Aligarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the victim is aged about 21 years. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under section 161 Cr.P.C. in which she has stated that she has solemnised marriage with one Sagar. In the statement under section 161 Cr.P.C. there is absolutely no whisper about participation of the applicant in the present case. However, subsequently, in the statement under section 164 Cr.P.C. she has stated that on 6.3.2018 she has gone with Sagar out of her own free will and consent and the applicant Sonu was also with her. However, there is absolutely no allegation that he had enticed her away. Similarly placed co-accused, namely, Sagar has already been granted bail by this Court in Criminal Misc. Bail Application No. 34866 of 2018 on 17.9.2018.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 28.5.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Sonu 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 :- 19.12.2018 R