Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34269 of 2019 Applicant :- Umesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
From a perusal of the statement of the victim, it is clear that she willingly eloped from her house and went to the applicant's house and married him. She has further stated that she was never enticed by the applicant. She herself ran away from her house. It has been submitted that the alleged offence under Sections 363 and 366 I.P.C are not made out against the applicant from her own admission of the victim. The victim is stated to be minor but since there is no allegation against the applicant that he enticed her away from her house, therefore, the applicant cannot be said to be fault. Regard allegation under section 504 I.P.C, it has been submitted that it has also been falsely levelled. The applicant is in jail since 06.07.2017 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 the applicant Umesh involved in Case Crime No.373 of 2019, under Sections 363, 366 IPC and 7/8 of the Protection of Children from Sexual Offences Act, Police Station Kasia, District- Kushinagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 22.8.2019 SS