Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31280 of 2018 Applicant :- Lakhander @ Photu Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalta Prasad, Akhilendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsels 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- Lakhander @ Photu in Case Crime No. 88 of 2018, under Sections 363, 366, 376 I.P.C. and 5/6 Prevention of Children from Sexual Offence Act, Police Station- Baksha, District- Jaunpur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the prosecutrix is a major girl aged about 18 years as per her high school certificate. He has also referred to the statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that the applicant is her Mausi's son and she was in love with him for the past two years. She had left her parental home along with applicant then she had solemnized marriage with the applicant in a temple. She has categorically stated that she wants to live with him and she has not made any allegation of enticing, kidnapping or commission of rape against her will by the applicant. It is next contended that the prosecutrix is a consenting party. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.06.2018, 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 and submitted that applicant has committed grave offence and he has established sexual relations with his Mausi's daughter. However, he could not dispute that the victim has not levelled any allegation of kidnapping or commission of rape by the applicant against her will or consent.
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- Lakhander @ Photu 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 :- 21.8.2018 Vikas/-