Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21482 of 2018 Applicant :- Anand Chauhan Beldar Opposite Party :- State Of U.P. Counsel for Applicant :- Shiva Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shiva Tripathi, 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-Anand Chauhan Beldar in Case Crime No.48 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Kotwali Konch, District-Jalaun with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the maternal grand-father of the victim has lodged the instant false F.I.R. as he was against the marriage of his grand-daughter (Natin) with the applicant. He next argued that as per her statement recorded under Section 164 Cr.P.C., the prosecutrix is aged about 18 years and she was in love with the applicant. On 12.02.2018 at 4.00 a.m. she left her parental house with the applicant for Delhi where she solemnized marriage with him. She is carrying pregnancy of two months. She has squarely denied that family members of the applicant are involved in this incident. As per school certificate age of the prosecutrix, is about 15-16 years. The victim in her statement recorded under Section 164 Cr.P.C. has stated that her age in the school record is shown less by her father, she is actually aged about 18 years. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.02.2018, 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 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-Anand Chauhan Beldar 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 :- 27.7.2018 MN/-