Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2009 of 2019 Applicant :- Surendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against co-accused Ballu on 21.3.2018 at 8.26 P.M., after nine days of the alleged incident the informant Irshad Ali moved an application on 30.3.2018 at police station concerned mentioning therein that the applicant and co-accused Ballu and one unknown took away the daughter of the applicant, namely Mehandi and on 20.3.2018 the victim has been recovered from the village of applicant and co-accused Ballu. The victim was also brought at police station concerned by the informant. The victim in her statements recorded under sections 161 and 164 Cr.P.C. has made the allegation of rape against co-accused Ballu. The applicant is the brother of the co- accused Ballu due to which the applicant has falsely been implicated in the present case. In fact, the victim was not recovered by the police and she has been present herself at the police station concerned. The victim has not made any allegation of rape against the applicant. The applicant has not committed the alleged offence. In medical report the age of the victim has been shown about 18 years.There is no criminal history of the applicant and is in jail since 7.4.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Surendra involved in Case Crime No. 306 of 2018, under Sections 363, 366, 368, 376 IPC and 5/6 POCSO Act, P.S. Murad Nagar, District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 A.