Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45851 of 2017 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Dharam Veer Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that victim Kumari Vandana who is of 19 years has not supported the prosecution in her statement under section 161 & 164 Cr.P.C, she has admitted that she had an affair with applicant and gone with him out of her own sweet will. Further submission is that cousin sister of victim Soniya who had also an affair with co-accused Savindra and gone with him, has been granted bail by this Court on 1.9.2017 in Crl. Misc. Bail Application No. 33215 of 2017 and applicant is also entiled to bail on the ground of parity. Further submission is that applicant has no previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim has supported prosecution and there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on merits of the case, I find it to be a case of bail.
Let applicant Sonu be released on bail in Case Crime No. 107 of 2017, under Sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, P.S. Ramala, District Baghpat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 Neeraj