Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31446 of 2017 Applicant :- Yakeen Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharm Singh Parmar,Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Rejoinder affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No. 55 of 2017, under Sections 363 and 366 I.P.C., Police Station- Rampura, District- Jalaun.
Learned counsel for the applicant contends that from the very perusal of the first information report it is clear that the informant's niece had eloped with co-accused Shaukin along with 5 gms. gold and Rs.20,000/- cash and while she was moving out of the house she was seen by the father of the informant. The contention raised on behalf of the applicant is that she is a consenting party as she accompanied with co- accused Shaukin mutually. He further contends that co-accused Yameen has already been declared juvenile by the court below on 28th November, 2017 and has been granted bail. Learned counsel for the applicant also contends that there is no previous criminal history of the applicant who is languishing in jail since. 23.03.2017.
Learned Additional Government Advocate has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the applicant and from the perusal of the first information report, but without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant- Yakeen involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, the court below will be at liberty to cancel the bail.
It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 Atmesh