Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31646 of 2018 Applicant :- Azaz @ Majhle Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vikas Rana, 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- Azaz @ Majhle in Case Crime No. 123 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Shergarh, District- Bareilly with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that as per school certificate the prosecutrix was almost on the verge of attaining majority. From the bare perusal of her statement recorded under Section 164 Cr.P.C., it appears that the prosecutrix had travelled with the applicant to Delhi thereafter Haldwani (Uttarakhand) and came back after 15 days. From her statement it appears that she had eloped with the applicant and travelled to different places without raising any alarm or hue and cry which indicate that she was a consenting party. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. 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- Azaz @ Majhle 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 :- 24.8.2018 Vikas/-