Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35552 of 2018 Applicant :- Dhananjay Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Rajul Bhargava,J.
Heard Sri Janardan Yadav, learned counsel for the applicant, Sri Manoj Kumar, 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- Dhananjay in Case Crime No. 32 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Madhuban, District- Mau 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 the prosecutrix (P) who had eloped with the applicant as per her statement recorded under Section 164 Cr.P.C. was at the verge of attaining majority as per her high school certificate. In the statement recorded under Section 161 Cr.P.C. she has stated that she had gone with the applicant to Delhi and stayed there for about a week. The physical relations were also established between them with her consent. She has stated that she wants to marry the applicant but her family members are against it. She has further stated that her younger sister also had an affair with co-accused Vishal. It is argued that it is a clear cut case of consent between the parties. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 31.07.2018, 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 applicant had eloped the elder daughter of the first informant who was not 18 years of age and was few months short of it. Therefore, the applicant is not entitled to be released on bail.
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- Dhananjay 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 :- 24.9.2018/ Vikas