Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4289 of 2019 Applicant :- Vinod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vinod Kumar seeking bail in Case Crime No. 455 of 2018, under Sections 363,366,120-B IPC, P.S.Lodha, District Aligarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under section 164 Cr.P.C. in which she has stated that as per her date of birth she is 19 years of age and studying in Class XII and she knows Akash as he used to study with her in her school. On 10.10.2018, she on her own free will and volition had gone with Akash as she wanted to marry him, she had called Akash at a Temple and thereafter had gone to Delhi with him and stayed there for fifteen days and thereafter came to Agra and also visited Mathura and Chandigrh and married him on 20.10.2018 in a temple at Delhi. She has further stated that she had gone on her own free will . Learned counsel for the applicant has next submitted that there is absolutely no whisper about participation of the applicant in the present case, however, he has been made an accused just because of being the father of co-accused, Akash as such primafacie a case for bail is made out.
It is lastly submitted that the applicant is in jail since 15.11.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vinod Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.1.2019 R