Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12968 of 2019 Applicant :- Bablu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Chaturvedi,Azhar Hussain,Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Jatan Yadav, 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- Bablu in Case Crime No. 812 of 2018, under Sections 323, 376 I.P.C., 3/4 Prevention of Children from Sexual Offence Act, Police Station- Malpura, District- Agra with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the prosecutrix alleged to be a minor girl. It is contended that, in fact, the prosecutrix is major and the applicant and prosecutrix are well known to each other. From the tenor of her statement recorded under Section 164 Cr.P.C., it appears that she was a consenting party and when the brother of the prosecutrix saw the applicant and his sister in an objectionable position at the dead hour of mid night, the F.I.R. was lodged against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.7.2018, 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- Bablu 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 :- 31.7.2019/Vikas