Allahabad High Court
Seetaram vs State Of U.P. on 6 December, 2018
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35405 of 2018
Applicant :- Seetaram
Opposite Party :- State Of U.P.
Counsel for Applicant :- Swati Agrawal,Rajendra Kumar Umang
Counsel for Opposite Party :- G.A.,Satyendra Kumar Mishra
Hon'ble Rajiv Gupta,J.
Case taken up in the revised list. None present on behalf of first informant.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Seetaram seeking bail in Case Crime No. 105 of 2018 under Sections 366, 363, 120B IPC, Police Station Chandwak, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. He has next drawn the attention of the Court in the statement of the victim under Section 164 cr.P.C. in which she has stated that she is 18 years of age. Deepak is her childhood friend and she had fallen in love with him. On 23.05.2018, she without informing her parents has left for Ratnapur and from there had gone to Varanasi where Deepak met her. From Varanasi they together went to Mumbai and in Mumbai they have performed Court Marriage. She wants to stay with her husband Deepak. The present applicant Seetaram has absolutely no role to play in the present incident and on account of land dispute he has been falsely implicated in the present case.
Learned counsel for the applicant has next submitted that the applicant is in jail since 14.07.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is languishing in jail since 14.07.2018 and has no criminal history.
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 Seetaram 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 :- 6.12.2018
sailesh
