Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1681 of 2019 Applicant :- Sujeet Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Kumar Mishra,Dr. Rajesh Kumar Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant Sujeet, in Case Crime No. 1012 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Loni Border, District Ghaziabad.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
No one is present for O.P. No.2 despite service of notice as reported by C.J.M., Ghaziabad vide letter dated 7.12.2019.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. The victim had gone with the applicant to Delhi with her own freewill and they were also in consultation with their advocates. As per statement under Section 161 and 164 of Cr.P.C., both, the victim and applicant had consulted their Advocates in Delhi. It is further submitted that no injury has been noted on the person of the victim in medical examination. Applicant is a law abiding person having no criminal history and is languishing in jail since 12.8.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. vehemently opposed but could not dispute the aforesaid fact argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Sujeet, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 18.12.2019 Vandana