Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27822 of 2018 Applicant :- Aslam @ Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard Shri Pradeep Kumar Tiwari, Advocate holding brief of Shri Ravindra Prakash Srivastava, learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of counsel for applicant is that according to the medical examination, age of the victim has been found to be about 20 to 24 years. Further submission is that in the F.I.R. itself it has been alleged that the victim has gone along with the applicant taking the cash and jewellery etc. with her which strongly indicates that she left her house on her own volition. Attention of the Court was drawn to the statement given by the victim girl before the Investigation Officer, in which also she admitted to have developed intimate acquaintance with the applicant before the incident and she used to talk with him off and on and used to meet him alone often and then she also developed physical relationship with applicant. The victim girl in fact categorically admitted to have established physical relationship with the applicant willfully. Submission is that even before the Magistrate the continuation of love relationship between the two has been accepted though she has improvised upon her previous version and has tried to show that her physical relationship with applicant was not with her consent but in view of her categorical admission before the Investigating officer and the factum that she had gone along with a lot of jewellery and cash stealthily, it strongly goes to suggest that she herself was a willful party in eloping with the applicant. Submission is that though the conduct of the applicant cannot be vindicated morally or to some extent even legally but in view of the aforesaid circumstances at least a prima facie case for bail is made out. 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 have 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 08.05.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Aslam @ Raju, involved in Case Crime No.110 of 2018, u/s 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, P.S.-Siddharth Nagar, District-Siddharth Nagar be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2018 M. Kumar