Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35688 of 2018 Applicant :- Anjeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Chandra Shekhar Mishra, learned counsel for the applicant has filed supplementary affidavit, which is taken on record.
Heard Sri Chandra Shekhar 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- Anjeet in Case Crime No. 69 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Bihari Garh, District- Saharanpur 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. It is argued that the prosecutrix, as per the medical report based on the radiological examination, is aged about 19 years. In the statement recorded under Section 161 and 164 Cr.P.C. she has stated that on account of torture meted out by her family members she had left her parental home and then she went to Bhagwanpur. From there she called the applicant on phone and both of them came to Devband where they solemnized marriage in a temple. She has not levelled any allegation of kidnapping or rape against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.07.2018, 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- Anjeet 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 :- 24.9.2018/ Vikas