Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35988 of 2018 Applicant :- Jabir Raja Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, Sri Ajay Vashistha, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 815 of 2015, u/s 363, 366, 376, 328, 506 IPC and 3/4 POCSO Act, P.S. Kasganj, District Kasganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant, his two real sisters and brother had allegedly kidnapped the victim from the house in the presence of the first informant and other inmates on 11.12.2015 at about 2.00 am. However, the F.I.R. of the alleged incident was lodged on 28.12.2015 at about 2.40 pm. It is argued that co-accused Sazid against whom there is allegation of rape, has been enlarged on bail by this Court in Bail Application no. 28561 of 2016.
Learned A.G.A. has opposed the prayer for bail and submitted that the victim as per the high school certificate is aged about 16 years. However he could not dispute the submission made by counsel of the applicant.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Jabir Raja Khan involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/