Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3004 of 2019 Applicant :- Ankush Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Anurag Dubey
Hon'ble Mrs. Manju Rani Chauhan,J.
As per earlier order of this Court, medical report is filed, which is taken on record. Counter affidavit filed today is also taken on record.
Heard Shri Satendra Singh, learned counsel for the applicant and Shri O.P. Mishra, learned A.G.A for the State and perused the material on record.
The present bail application has been filed by the applicant, Ankush Gupta with a prayer to enlarge him on bail in Case Crime No. 190 of 2018, under Sections 363, 366, 376, 120-B and 34 IPC and Section 3/4 POCSO Act, 2012, police station, Onchha, district Mainpuri.
It is contended by the learned counsel for the applicant that the victim has left her house on 23/24-7.2018 and was recovered on 25.7.2018 along with the applicant and both of them were in a comfortable situation. In the statement under Section 161 Cr.P.C. she accepts that she was friendly with the applicant and goes to show that the parties are consenting. As per medical, age of the victim is 18 years. The applicant is in jail since 28.7.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. 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 well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
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 order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira