Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21813 of 2018 Applicant :- Adesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Lal Mani Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.482 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kotwali, District Ghaziabad, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the first information report has been lodged by the father of the victim on 2.6.2017 at 12.10 P.M. alleging therein that on 28.5.2017 at 6.00 P.M., his daughter victim aged about 16 years has left home without informing anyone and despite frantic search, her whereabouts could not be traced. It is stated that in fact, the prosecutrix is a major girl and as per medical report, she is 17 years of age and if the variation of one year is taken on the stair side she would be treated as a major. It is argued that the prosecutrix had stayed with the applicant for about three months as admitted by her in the statement recorded under Section 164 Cr.P.C. However, under the pressure and coercion of her father, she has also levelled allegation of rape upon her by the applicant. From the statement under Section 164 Cr.P.C., it does not appear that any point of time she raised any alarm or hue and cry or raised any objection that she was allegedly confined by the applicant for about three months. The medical report does not support by any evidence. He next submitted that the applicant is languishing in jail since 12.9.2017 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Adesh, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2018 Hasnain