Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35551 of 2018 Applicant :- Danish alias Gimmi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Mobin Ansari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohd. Mobin Ansari, 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-Danish alias Gimmi in Case Crime No.147 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Utraon, District-Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecutrix is aged about 19 years. It is argued that the victim has admitted that she was having friendship with the applicant. It is argued that according to the prosecution itself, the victim has stayed with the applicant for about 14 months. A child was also born from their wedlock. However, under the coercion of police, the victim had made allegations of rape against the applicant and also stated that the applicant is not ready to accept her as his wife. Learned counsel for the applicant states that in fact the prosecutrix is living happily with her father-in-law along with her child aged about four months. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA 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-Danish alias Gimmi 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 MN/-