Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7900 of 2018 Applicant :- Vijay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vimlesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Vimlesh Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is named in FIR and it is stated that he committed rape upon the victim, however, victim has been examined before the trial court as PW-2 but she has not supported the prosecution, she has turned hostile. Further submission is that applicant is in jail since 25.6.2015 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer without disputing that prosecutrix has not supported the prosecution during trial.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and taking note of the fact that victim has turned hostile during trial, I find it to be a case of bail.
Let applicant- Vijay Kumar be released on bail in Case Crime No. 289 of 2014, under Sections 376 Da IPC & Section 3/4 POCSO Act, P.S.-Khiri, District Allahabad, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 T. Sinha