Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27413 of 2018 Applicant :- Amerika Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pawan Kumar, 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-Amerika in Case Crime No.443 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act,2012 Police Station Kothibhar, District-Maharajganj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the first informant. In the F.I.R. first informant has disclosed the age of the victim to be 13 years.The incident of alleged kidnapping by the applicant had taken place on 20.11.2017 whereas the F.I.R. was lodged on 25.11.2017 at 09.30 a.m. As per the prosecution, the prosecutrix along with the applicant was arrested by Sub-Inspector, Vinod Kumar Rai on 28.11.2017 when they were standing near a canal. From the recovery memo which has been annexed as Annexure-2 to the affidavit filed in support of bail application, the recovery is stated to have been effected after eight days of the incident. Learned counsel has further submitted that as per the statement of the victim recorded under Section 164 Cr.P.C., she was forcibly taken by the applicant in his house where she was kept hostage for three days and rape was committed on her. The said statement is in contradiction to the prosecution version of recovery. The prosecutrix refused to get herself medically examined. Therefore, ossification test could not take place. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that as per the statement of the prosecutrix, she was aged about 13 years but he did not dispute that there is no medical report to corroborate the version of rape as alleged by the prosecution.
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-Amerika 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/MN/-