Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8936 of 2019 Applicant :- Teetu Opposite Party :- State Of U.P. Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Teetu seeks bail in Case Crime No. 334 of 2018, under Sections 363, 366, 494 IPC and 7/8 of POCSO Act, P.S. Rakabganj, District- Agra.
Learned counsel for the applicant has submitted that as per the Ossification Test, the victim is aged about 18 years. Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 164 Cr.P.C., in which it has been stated that on 27.10.2018 at about 4 in the morning, she on her own free-will and volition, had gone with the applicant to Ajmer and on 28.10.2018 she had solemnized marriage with him at Kailadevi temple and continued to stay at Ajmer and when she came to know that her maternal uncle lodged first information report then she reached at the police station. She has further stated that she wants to stay with her husband- Titu. Learned counsel for the applicant has next submitted that from the said statement, it is evident that the applicant had neither enticed away or forcibly taken away the victim. Lastly, it is submitted that applicant is in jail since 7.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 7.11.2018 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Teetu 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.2.2019 KU