Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32769 of 2019 Applicant :- Jagdish Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashank Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shashank Kumar Sri Vinod Kumar Yadav, learned counsels for the applicant, learned A.G.A. appearing for the State and perused the record.
The learned counsel for the applicant has drawn attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein she has stated that when she was student of M.A., she used to go to photostat shop of the applicant and then she developed intimacy with him and on the pretext of marrying her, the applicant sexually exploited her for about two years. It is stated that the prosecutrix is a grown girl aged about 29 years and she would be presumed to know the consequences of her act and it appears that she is a consenting party . She has lodged a false F.I.R. when she did not succeed in evil design to force the applicant to marry her. She in her statement has also stated that the applicant has performed marriage with someone else. The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Jagdish Yadav involved in Case Crime No. 0131 of 2019 under Sections 376 and 506 I.P.C., Police Station Bardah, District Azamgarh, he shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 22.8.2019 MN/-