Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30512 of 2019 Applicant :- Ashu @ Ashutosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Gupta, learned counsel for the applicant, Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the victim has eloped with the applicant and as per her statement recorded u/s 164 Cr.P.C., she has stated that she had affair with the applicant. As per FIR she is stated to be 17 years of age whereas as per medical report, she is stated to be 19 years of age.The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail and submitted that the victim and the applicant had appeared before this Court by filing Criminal Misc. Writ Petition No.16181 of 2019 by filing mark-sheet in which date of birth was interpolated and said petition was dismissed by this Court on 5.7.2019.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Ashu @ Ashutosh, involved in Case Crime No.166 of 2019, u/s 363, 376 IPC and 3/4 POCSO Act, 2012, P.S. Pallavpuram, district Meerut, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make themselves available for interrogation by a police office as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 30.7.2019 Gaurav