Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45469 of 2017 Applicant :- Suraj Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- A.C.Tiwari(Ac),Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was on 21.03.2017 lodged against unknown persons alleging that on 20.03.2017 the daughter of the complainant Indrajeet Singh, aged about 17 years left the house with Rs. 40,000 and not come back.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; they have filed writ petition and in compliance of the order the statement of the prosecutrix was recorded under Section 164 Cr.P.C, she stated that she had gone with the applicant of her own free will and consent and get married with him and living as husband and wife; according to the medical report she is aged about 17 years, two years of benefit is given in favour of the applicant hence she is major; no offence under Sections 363 and 366 I.P.C. is made out against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 08.09.2017 (more than six months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Suraj Yadav involved in the Case Crime No. 243 of 2017, under Sections 363, 366 I.P.C., P.S. Sarai Inayat, District Allahabad be released on bail on his executing a personal bond and furnishing two sureties 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 appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.3.2018 A. Tripathi