Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31644 of 2018 Applicant :- Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Akash in Case Crime No. 150 of 2018, under Sections 363, 376, 366 I.P.C. and 4 Prevention of Children from Sexual Offence Act, Police Station- Anoopshahar, District- Bulandshahar with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that as per the medical report victim is aged about 16-17 years. Her consistent version in her statements recorded under Sections 161 and 164 Cr.P.C. is that she is aged about 17 years, she was having friendship with the applicant for the past two years and she had gone to Delhi along with him of her own free will voluntarily, then they stayed in a house in Delhi and had also solemnized marriage. She has totally denied the prosecution version of kidnapping and alleged commission of rape by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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 advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Akash 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 :- 24.8.2018 Vikas/-