Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34942 of 2018 Applicant :- Ashok Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rakesh Pati Tiwari, 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-Ashok Kumar in Case Crime No.224 of 2018, under Sections 376, 342, 323, 504 and 506 I.P.C., Police Station Sungarhi, District-Pilibhit with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim, as per the medical report, is aged about 18 years. In fact, the applicant and victim were in deep love with each other. On the fateful night the victim herself came on the house of the applicant and in the next morning when she was caught by her family members, she was beaten by them, then a false case was foisted on the applicant. He has further submitted that from the version set up by the victim in her statement recorded under Section 164 Cr.P.C. it appears that she was a consenting party. In the medical report, no internal injury was noted. The external injury, which was found on her body, has been caused by her family members. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.05.2018, 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-Ashok 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 :- 17.9.2018/MN/-