Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23511 of 2019 Applicant :- Teekam Singh @ Chullu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rewti Raman Patel Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Teekam Singh @ Chullu, in case crime No.349 of 2018, under Sections 363, 366, 368, 120B I.P.C. and Section 4 of POCSO Act, police station Syana, District- Bulandshahar.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, whereas no role against him is assigned in the statement of prosecutrix, recorded under Section 161 and 164 of Cr.P.C. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Perusal of FIR reveals that it was a case of suspected kidnapping by accused Manoj, who is son of present accused applicant. This report was delayed report and prosecturix in her statement recorded under Section 161 and 164 of Cr.P.C. has said nothing against present accused applicant, who is of no criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Teekam Singh @ Chullu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 6.6.2019 Kamarjahan