Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20021 of 2018 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Pooja Tripathi,Niraj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Niraj Tripathi, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, FIR was lodged by the complainant against the applicant alleging that his daughter was enticed away by the applicant six months ago.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that both the prosecutrix and the applicant had fallen in love with each other and they have solemnized their marriage in Arya Samaj Vaidik Mandal on 30..1.2015.The prosecutrix had gone with the applicant out of her own volition and she was not enticed away. The prosecutrix had refused to undergo for internal medical examination. As per medical report the age of the prosecutrix has been determined to be about 20 years. The prosecutrix has not supported the prosecution version in her statements recorded under sections 161 Cr.P. C.& 164 Cr.P.C. The applicant had also preferred Criminal Misc. Writ Petition No.16030 0f 2015 before this Court and an interim protection was granted in favour of the applicant.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.4.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Vikas involved in Case Crime No.133 of 2015, under Sections 363, 366 I.P.C., Police Station Doghat, District Baghpat be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail Order Date :- 28.5.2018 IA