Naresh Kumar Yadav vs State Of U.P.
2019 Latest Caselaw 4934 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10348 of 2018
 

 
Applicant :- Naresh Kumar Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ruksana
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Counter affidavit filed on behalf of State, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The statements of victim recorded under section 161 and 164 Cr.P.C. show that the victim and applicant used to talk to each other on mobile phone. The victim reached at the temple on the call of applicant. It has further been submitted that the victim travelled and remained with the applicant at several places about 6 days but during this period she did not make any hue and cry to save herself which shows that the victim was a consenting party. In fact, the victim left her house on her own sweet will and went with the applicant. The victim in her statements recorded under section 161 and 164 Cr.P.C. has made false allegation against the applicant under the pressure of her parents. In medical report the age of the victim has been shown about 18 years. In fact, at the time of alleged incident the victim was major. The applicant is handicapped and in disability certificate the disability has been shown about 40%. No offence is made out against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 12.9.2017.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Naresh Kumar Yadav involved in Case Crime No. 273 of 2017, under section 363, 366, 368, 376, 506 IPC and 4 POCSO Act, P.S. Charkhari, District Mahoba 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 not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 23.5.2019

Masarrat