Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31641 of 2018 Applicant :- Kalam Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Atul Kumar Pandey, 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- Kalam in Case Crime No. 136 of 2018, under Sections 363, 376, 504 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Ghughali, District- Maharajganj with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The F.I.R. was lodged by the mother of the victim on 08.06.2018 when she failed in her evil design to forcibly marriage her daughter with the applicant. It is urged that much before the alleged first information report pressure was being created by the informant on the applicant's family members on account of which applicant's mother had moved an application under Section 156(3) Cr.P.C. against the informant and others on 02.06.2018. Thereafter, as a counterblast the instant F.I.R. was lodged on 08.06.2018 by the informant. There is no plausible explanation for inordinate delay in lodging the first information report regarding the alleged kidnapping by the applicant, his mother, brother and other family members on 27.05.2018. Lastly, he submitted that as per medical report victim is aged about 18 years. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 30.06.2018, 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 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- Kalam 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 :- 24.8.2018 Vikas/-