Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32910 of 2018 Applicant :- Kaushal Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 14 of 2018, under Sections 363, 366, 328, 342, 376, 511 IPC and section 7/8 POCSO Act, P.S. Harduaganj, District Aligarh.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by the learned counsel for the applicant is that though the applicant has been named in the FIR but he has been falsely implicated in the present case. It is contended that the victim was in consensual relationship with the applicant. It is further contended that as per the medical examination the age of the victim is 16 years. Much reliance has been placed upon the statement of the girl recorded under section 164 Cr.P.C., contents of which are self explicit It is lastly contended that the applicant is in jail since 18.2.2018 with no previous criminal history.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Kaushal Kumar involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 30.8.2018 Kuldeep