Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35547 of 2018 Applicant :- Ashish Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav,Nikhil Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Radhey Shyam Yadav and Sri Nikhil Shukla, learned counsels 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-Ashish in Case Crime No.460 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Kamalganj, District-Farrukhabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecutrix is a major girl. As per medico-legal examination, her age is more than 18 years. As per her statement recorded under Section 164 Cr.P.C. the victim had lived with the applicant for about two years and admitted that she was in love with the applicant and is also carrying pregnancy. It is argued that it is a case of consensual relationship between the applicant and the prosecutrix. Prima facie, offence under Section 376 I.P.C. is not made out. The prosecutrix has also refused for her internal medical examination. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.06.2018, 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-Ashish 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 :- 20.9.2018 MN/-