Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28121 of 2018 Applicant :- Arvind Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhanbeer Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dhanbeer 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-Arvind Kumar in Case Crime No.127 of 2018, under Sections 363, 366, 376 I.P.C. and 5/6 POCSO Act, Police Station- Nagar, District- Basti with the prayer to enlarge him on bail.
The contention of the learned counsel for the applicant in support of the bail prayer is that the prosecutrix is aged about 18 years as disclosed by her before the Magistrate. As per the F.I.R. and medical examination she is aged about 17 years. He has laid emphasis on the statement of the prosecutrix recorded under Section 164 Cr.P.C. in which she has admitted having love affair with the applicant and also solemnizing marriage in a temple. She has categorically stated that she wants to lead married life with the applicant and the applicant has not even raped her. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.05.2018, 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-Arvind Kumar 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 Vikas/-