Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30559 of 2018 Applicant :- Kamal Arora Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.,Amit Kumar Varma,Amit Kumar Yarma
Hon'ble Rajul Bhargava,J.
Heard Sri Jai Shanker Malviya, learned counsel for the applicant, Sri Amit Kumar Varma, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Kamal Arora in Case Crime No.557 of 2018, under Sections 147, 323, 376 and 506 I.P.C., Police Station Civil Line, District-Moradabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim is a grown up girl aged about 25 years. According to her statements recorded under Sections 161 and 164 Cr.P.C., the applicant and the victim used to work in the same office. They developed friendship for past three years. She has further stated that she had also gone with the applicant to Haridwar and stayed there for about six months. Then they were in live-in-relationship for about three years. Thereafter, the victim came to know that the applicant is married and on false promise of marriage he continued to exploit her sexually. Learned counsel for the applicant states that in fact, it was well within the knowledge of the victim that the applicant is married, even then she continued to have relationship with the applicant. In fact, it is a case of consensual relationship between two adults. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the first informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant on the false promise of marriage has exploited the victim sexually by suppressing material fact that he is already married, therefore, he is not entitled to be enlarged on bail.
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-Kamal Arora 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 :- 25.9.2018 MN/-