Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23741 of 2019 Applicant :- Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sumit has prayed to release him on bail in Case Crime No.276 of 2019, u/s 363, 366, 368 I.P.C. and 16/17 POCSO Act, P.S.Murad Nagar,District Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, whereas the prosecutrix was major and she under her own volition was in physical relation with co-accused Ashish Thakur. The role of the applicant has been assigned only to accompany the co-accused Ashish Thakuar and the applicant did nothing with her as was said by prosecutrix in her statement recorded under section 164 Cr.P.C. She was held to be 17 years of age in medical examination whereas she was major. The accused applicant is of no criminal antecedent. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application Perusal of FIR reveals that it was got lodged on the next day of occurrence upon the report of Manoj against Ashish Thakur for enticing and taking away the prosecutrix who was said to be 14 years and she was assisted by the applicant Sumit whereas the prosecutrix in her statement recorded under section 161 and 164 Cr.P.C. is said to be in compliance of telephonic summoning made by Ashish Thakur with whom she was in physical relation since long and she never protested her about this.
Under all above facts and circumstances and the nature of accusations but without commenting on the merit of the case, a case for bail is there.
Accordingly, the bail application is allowed.
Let the applicant Sumit involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Rk