Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31609 of 2018 Applicant :- Brijesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Chauhan, learned counsel for the applicant, Sri Sanjay Kumar Yadav, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Brijesh in Case Crime No. 126 of 2018, under Sections 376, 324, 506/34 I.P.C. and 4/25 Arms Act, Police Station- Jiyanpur, District- Azamgarh with the prayer to enlarge him on bail.
Learned counsel for the applicant has argued that as per the high school mark-sheet the date of birth of the victim is 08.03.1997 and thus she was a major girl on the alleged date of incident. It is further submitted that in fact the prosecutrix who is aged about 20 years as stated above was in love with the applicant and several love letters were exchanged between them, copies of the said letters have been annexed as annexure-7 to the affidavit. It is argued that in fact on 30.04.2018 the prosecutrix had come to meet the applicant at about 02.30 A.M. and when she was seen by her family members, a fight ensued between the family members of the prosecutrix and the applicant. In the said incident, the father of the victim and her uncle Setu had sustained injuries by sharp edged weapon. The applicant and his mother had also sustained injuries and they were also medically examined. Later on after deliberations and consultations, the first information report was lodged against the applicant and his two brothers with the allegation that the applicant on the knife point has been committing rape on the prosecutrix for the past one month on account of which the victim also got pregnant. Learned counsel for the applicant has argued that in the totality of the facts and circumstances of the case, in fact, it is a case of consensual relations between the victim and the applicant and when this fact came out in open as stated above marpeet took place between the parties and both the sides had sustained injuries. From the side of the applicant also F.I.R. has been registered. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the father and the uncle of the victim have sustained injuries and the victim has supported the prosecution version of rape by the applicant in her statement recorded under Section 164 Cr.P.C. However, he could not give any satisfactory explanation to the love letters exchanged between the prosecutrix and the applicant. He also did not dispute that the victim is aged about 20 years.
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 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 :- 23.8.2018 Vikas/-