Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18244 of 2018 Applicant :- Ibrar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ganesh Kumar, 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- Ibrar in Case Crime No. 1370 of 2017, under Sections 363, 366, 376, 506 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Bhakhira, District- Sant Kabir Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. As per the medical report, in view of the ossification test whereby all epiphyses along wrist, elbow, knee joint and B/L iliac creast was found fused and the age of the prosecutrix was determined to be 20 years by the Chief Medical Officer. It is next contended that the F.I.R. was lodged after six days which was registered under Section 363, 366 I.P.C. with the allegation that the applicant had eloped with the victim after enticing her. After recovery, her statement was recorded under Section 161 Cr.P.C in which she has not levelled any allegation of rape by the applicant. However, subsequently from the statement recorded under Section 164 Cr.P.C., it appears that under the pressure of her family members she has alleged that the applicant had also raped her. However, perusal of the statement of the prosecutrix reflects that the applicant and the prosecutrix were having friendship. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.11.2017, 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 and stated that as per the high school mark-sheet, she is less than 17 years. However, he could not dispute the incongruity in the statement of the prosecutrix recorded under Section 161 and 164 Cr.P.C.
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- Ibrar 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 :- 31.7.2018 Vikas/-