Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 18 years. In fact at the time of the alleged incident the victim was major. The statements of victim recorded under Sections 161 & 164 Cr.P.C. show that the victim was a consenting party. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she has solemnized her marriage with applicant. The victim remained with applicant about five months at different places but during this period she has not made any hue and cry to save herself. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 07.05.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Harkesh @ Kabootar involved in Case Crime No. 204 of 2015, Under Sections 363, 366, 376, 506, 120-B IPC and Section 3/4 Prevention of Children from Sexual Offences Act 2012, Police Station Kotwali Nagar, District Pratapgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.1.2016 Jitendra