Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20004 of 2018 Applicant :- Ankush Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, FIR was lodged by the complainant against 5 named accused persons including the applicant alleging that the applicant and other co-accused had enticed away his sister Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the prosecutrix in her statement recorded under sexton 161 Cr.P.C. has clearly stated that she knew the brother of the applicant namely Vimal for the last three years and she had gone with the applicant to Agra by Bus and thereafter went to Haridwar by train out of her own volition and stayed there for 7-8 days.She also stated that she is major girl aged about 18 years. There is material contradiction between the statements of the complainant and the prosecutrrix, which creates doubt in the prosecution story. The prosecutrix in her statement recorded under section 164 Cr.P.C. has not levelled any allegation of sexual assault against the applicant and also stated that nothing wrong was committed with her. The prosecutrix was medically examined and no mark of injury was found on her person and her age was determined to be more than 17 years.She was a consenting party. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 9.3.2018.The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ankush Kumar involved in Case Crime No.159 of 2018, under Sections 363, 366 I.P.C. & Sec.7/8 POCSO Act, Police Station Firozabad South, District Firozabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the ba Order Date :- 28.5.2018 IA