Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44869 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Siya Ram Verma,Arvind Kumar Verma 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. 641 of 2018, under Sections 354Gha, 506 IPC and Section 7/8 of POSCO Act, Police Station Kosi Kalan, District Mathura.
Learned counsel for the applicant has submitted that the victim, in her statement under Section 161 CrPC, has stated that she is a student of Laxmi Bal Vidya Mandir and had gone with the applicant's sister at her house, where the applicant misbehaved with her. However, there is absolutely no allegation of committing any indecent act with the victim but in the statement under Section 164 CrPC, victim has stated that the applicant misbehaved with her and had also committed indecent act with her. Thus, there is sharp contradiction in the statement under Section 161 CrPC and 164 CrPC, as such, the case of bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 02.09.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant has no criminal history to his credit and he is in jail since 02.09.2018.
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 :- 30.11.2018 Nadim