Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28326 of 2018 Applicant :- Avnish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dur Vijay Singh,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohd. Nadeem, learned counsel for the applicant, Sri Ghanshyam Das, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 20 of 2018, (S.T. No. 21 of 2018), u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Chhibramau, district Kannauj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to F.I.R. and school record, the prosecutrix is aged about 13-14 years, the F.I.R. was lodged after 23 days of the incident u/s 363, 366, 120-B IPC, the victim was recovered by the police after 27 days, her statement u/s 164 Cr.P.C. was recorded in which she has stated that she had gone with the applicant of her free will, she has not levelled any allegation of any enticement against the applicant and has specifically stated that the applicant did not commit any wrong with her.
Learned counter for the informant has opposed the prayer for bail and submitted that the victim is minor aged about 13-14 years. However he could not dispute that the prosecutrix has stated that she was not enticed away by the applicant and had also not committed any sexual assault on her, whereas she has stated that she wants to go with the applicant.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Avnish Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 Dhirendra/