Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10352 of 2018 Applicant :- Surjeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Singh,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against the applicant alleging that on 2.11.2017 daughter(aged 15 years) of complainant was kidnapped. Later on, prosecutrix in her statement under section 161 stated that she went with the applicant with her free will and consent and in her statement under section 164 Cr.P.C. she stated that nothing wrong act was done with her by the applicant.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 16.11.2017(more than one year and nine months) having no criminal history. He has been falsely implicated. There is no legal or cogent evidence about offence under section 376 IPC as she specifically stated that nothing wrong act was done with her by the applicant. There is no independent witness or eye-witness account. There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history. and his case is identical to co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Surjeet involved in Case Crime No.628 of 2017, under Section 363, 366, 376 IPC & 3/4 of Protection of Children from Sexual Offences Act, Police Station Musajhag, District Badaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 22.8.2019 P.P.