Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant and victim were acquainted with each other and they fell in love with each other. In fact, the victim who was in love with applicant, met the applicant and informed him about the maltreatment being made by her father and requested to marry with him and assured him that she is major and as such she left the house on 7.8.2018 and went along with the applicant on her own sweet will. The victim in her statement recorded under section 164 Cr.P.C. has stated that she had gone with the applicant on her own sweet will. The victim in her statement recorded under section 164 Cr.P.C. has not made any allegation of rape against the applicant. In fact, no offence is made out against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 11.8.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Kush Tomar involved in Case Crime No. 498 of 2018, under section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Banna Devi, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Masarrat