Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7361 of 2018 Applicant :- Vimal Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Krishna Dutt Tiwari, 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 F.I.R. of the incident has been lodged by the father of the victim with delay of 6 days without any plausible explanation. Further submitted that applicant did not entice away the victim. As per victim's statement under Section 161 Cr.p.C., she had gone with applicant out of her own sweet will, as her family members were pressuring her to solemnize the marriage. Further submission is that victim has given false statement under Section 164 under pressure of her family members. Prosecution story does not find support from medical evidence also as nothing adverse has been found therein. Further submission is that applicant is in jail since 28.11.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has opposed the prayer for bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Vimal Kumar be released on bail in Case Crime No.680 of 2017, under Sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, P.S. Nakhasa, District Bhim Nagar, on 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 :- 26.2.2018 Neeraj