Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33954 of 2018 Applicant :- Suryakant Opposite Party :- State Of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Narayan Singh Kushwaha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.33 of 2018, under Sections 363, 366, 376-D, 506 IPC and 3/4 POCSO Act, Police Station Raja Ka Rampur, District Etah, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that he is not named in the first information report. The first information report was lodged by the father of the victim against two named and some unknown persons and they have forcibly abducted the victim. It is argued that the applicant has been falsely implicated in the statement of the victim recorded under Section 164 Cr.P.C., though she has not made any allegation against the applicant in her statement under Section 161 Cr.P.C. He further submitted that applicant's father had lodged first information report in the year 2016 under Section 376 IPC etc. against the brother of the prosecutrix and he is facing trial. In order to exert pressure for compromise, applicant has been falsely implicated in this case. The case of the applicant is distinguishable from that of the other co-accused. Lastly, it is submitted that the applicant is languishing in jail since 17.7.2018 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Suryakant, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 18.9.2018 Hasnain