Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31282 of 2018 Applicant :- Farman Opposite Party :- State Of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri R.S. Maurya, 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- Farman in Case Crime No. 227 of 2018, under Sections 363, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Bhawanpur, District- Meerut with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the victim has herself disclosed her age to be 19 years before the Magistrate. In her statement recorded under Section 164 Cr.P.C., she has stated that she had gone with the applicant to Ganga Nagar and then to Ghaziabad of her own free will and had also stayed with the applicant in a hotel and had established physical relations with the applicant. Lastly, he contended that prosecutrix is a consenting party. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.06.2018, 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, especially, the statement of the prosecutrix recorded under Section 164 Cr.P.C. 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- Farman 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 :- 21.8.2018 Vikas/-