Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12540 of 2019 Applicant :- Brijesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Niklank Kumar Jain, 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- Brijesh Kumar in Case Crime No. 500 of 2018, under Sections 376, 506 I.P.C. and 4 Prevention of Children from Sexual Offence Act, Police Station- Kotwali Dehat, District- Etah with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and has not committed any offence of rape on the prosecutrix. It is argued that, in fact, the applicant and the prosecutrix are immediate neighbours and were known to each other from the childhood. As per the medical report, her age is between 18 to 19 years. In para 13 of the affidavit filed in support of bail application, it is stated that the prosecutrix and the applicant were in love with each other and when she was caught along with the applicant in a field by her mother, false case of rape has been concocted and fastened upon the applicant. He further submits that no injury was noted on the internal or external parts of the body of the victim. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.9.2018, 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- Brijesh Kumar 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