Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8405 of 2018 Applicant :- Badal Turha Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Kumar Upadhyay,Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit has been filed by Sri Kameshwar Singh, learned counsel for the applicant, which is taken on record.
Heard Sri Ishwar Kumar Upadhyay, and Sri Kameshwar Singh, 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- Badal Turha in Case Crime No. 1097 of 2017, under Sections 363, 366, 376, 504, 506 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Kotwali, District- Ballia with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that as per the medical report the victim is more than 16 years and less than 18 years of age. In the statement recorded under Section 161 Cr.P.C., she has stated that as her mother used to beat her she had left her home on 24.05.2017. It is argued that the said statement was recorded after the recovery of the victim on 03.09.2017 i.e. after three months and six days of the alleged incident. Even before the doctors she has not stated anything against the applicant, however, subsequently it appears that under compulsion or pressure from her parents she has levelled the allegation of sexual assault on the applicant. However, she has stated that she had stayed for about four months in Delhi. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.09.2017, 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- Badal Turha 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 :- 20.9.2018/ Vikas