Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44968 of 2018 Applicant :- Maheep Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Maheep, in Case Crime No.237 of 2018, under Section 376 IPC, Police Station Mehdawal, District Sant Kabir Nagar.
Heard Sri B.K. Tripathi, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Rajkumar Yadav, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix going by the recorded age of her's in the High School certificate, is 21 years. She is clearly a major. It is argued that the applicant and the prosecutrix became friends. The applicant is aged 19 years. The prosecutrix is desirous of marrying the applicant to which the applicant responded by telling her that he is 19 years old and has to wait to another two years. It is submitted that in order to coerce the applicant into marrying the prosecutrix, the present FIR has been lodged. The facts to the above effect are asserted in paragraph-9 of the affidavit in support of the bail application. Learned counsel for the applicant has taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C., a perusal of which shows that the prosecutrix and the applicant had become friends over a period of two months and they would talk over mobile phone. She has stated that the applicant on the pretext of marrying her had sex. She has further stated that she wants to marry the applicant. She has also said that the applicant has become physically intimate with the prosecutrix by a false promise to marry. In the next breath, she says that the applicant wants to marry her and that is all that she had to tell the Magistrate. Learned counsel for the applicant submits that it is the prosecutrix's desire to marry the applicant that she has resorted to pressure tactics, which have taken shape of the present prosecution.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that the prosecutrix is a major aged about 21 years and in her statement has indicated an ongoing relationship between the applicant and herself, as also the fact that she has said in that statement in unqualified terms that she wants to marry the applicant, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Maheep, in Case Crime No.237 of 2018, under Section 376 IPC, Police Station Mehdawal, District Sant Kabir Nagar be released on bail on executing his 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.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing 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 complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.11.2018 NSC