Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28279 of 2018 Applicant :- Khalifa @ Ismail Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Bhan Kushwaha, 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-Khalifa @ Ismail in Case Crime No.84 of 2018, under Sections 363, 366, 376-D I.P.C. and 5/6/18 Protection of Children from Sexual offence Act, Police Station- Ushait, District- Badaun with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. In fact, the prosecutrix, as per the medical examination, is aged about 18 years and she had eloped with the applicant and stayed with him in a rented room for about 15 days. As per the statement under Section 164 Cr.P.C., the police had nabbed applicant and the prosecutrix from that room and there was nothing to suggest that she was kept under captivity and held hostage by the applicant. Besides, learned counsel for the applicant pointed out towards the statement of the prosecutrix given to the doctor soon after recovery that she had gone along with the applicant on a motorcycle of her own free will and physical relations were also established with her by her consent. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 22.03.2018, 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 and submitted that as per the transfer certificate she is less than 15 years of age. However, he has not placed any certificate regarding school attended by her to demonstrate that she was minor.
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-Khalifa @ Ismail 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 :- 30.7.2018/ Vikas/-