Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12839 of 2019 Applicant :- Susheel Kumar Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, Sri S.B. Maurya, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Susheel Kumar Maurya, who is involved in Case Crime No. 127 of 2018, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station- Thariyaon, District- Fatehpur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered after a considerable delay; prosecutorix was major and she, as per her own statement, recorded under Sections 161 and 164 Cr.P.C., went with the accused- applicant on her own and had physical relation with him, under her own consent; there is no accusation of any abduction, kidnapping or rape against the present accused-applicant in the statement. Accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Perusal of the first information report reveals that it was got lodged with accusation against the present accused- applicant that he took away the victim by enticing her whereas in the statement recorded, under Sections 161 and 164 Cr.P., the victim has said that she went with the accused applicant on her own and established physical relationship with the accused-applicant and it was a consensual relationship and the prosecutorix was major. Accused-applicant is of no criminal antecedents. Hence, under all above facts and circumstances, without commenting on merits of the case, the Court is of the view that a case for bail is made out.
Accordingly, this bail application is allowed.
Let the applicant, Susheel Kumar Maurya, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 29.5.2019 bgs/