Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35985 of 2018 Applicant :- Akram Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 112 of 2018, u/s 363, 366, 342, 376 IPC and section 3/4 POCSO Act and section 3(2)5 SC/ST Act, P.S. Jawan, District Aligarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the victim is aged about 17 years as per medical report and also as per disclosure of the victim before the doctor and the Magistrate. From the tenor and texture of the statement u/s 161 Cr.P.C. it appears that the victim was ill-treated by her mother and out of anger she left her parental home and went along with applicant with whom she has admitted having affair for the past two years. She has also admitted that both had solemnized marriage, however, subsequently under the pressure of her parents she has levelled allegation of rape against the applicant in the statement u/s 164 Cr.P.C.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Akram involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/