Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8981 of 2019 Applicant :- Vijay Kumar Jaisawal @ Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.,Bipin Kumar,Mohd.Naushad Siddiqui
Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit filed today is taken on record.
Heard Sri Neelesh Kumar Mishra, learned counsel for the applicant as well as Sri Arun Kumar Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.304 of 2018, under sections 363, 366, 376 I.P.C. and under Section 3/4 POSCO Act, Police Station Mughal Sarai, District Chandauli during the pendency of trial.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. As per FIR, the daughter of the informant is said to have been enticed away by the applicant on 6.7.2018 but FIR has been lodged with a considerable delay of 13 days and there is no explanation of the same. It is further submitted by learned counsel for the applicant that in the statement recorded under Section 161 Cr.P.C., the victim has stated that she used to talk to the applicant on phone regularly and on being called by the applicant, she had gone with him, and thereafter, she was taken to various places, where she had stayed with the applicant for about two months. On the other hand in statement recorded under Section 164 Cr.P.C. on 11.10.2018, she has stated that applicant had taken her away against her wish to Devaria where he used to keep her as his wife and was assuring that he would marry her and with this false promise, he was continuously making physical relations with her. It is further stated by learned counsel for the applicant that as per the high school certificate, her age is 16 years but as per the medical examination report of the victim, her age is found to be 18 years. A photo copy of the medical report of victim is also available on record. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.9.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Vijay Kumar Jaisawal @ Monu involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019/Neeraj