Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31270 of 2018 Applicant :- Manish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rishabh Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rishabh Agarwal, learned counsel for the applicant, Sri Arvind Agrawal, learned counsel for the first informant and learned A.G.A. for the State and perused the material placed on the record.
The present bail application has been filed by the applicant-Manish Kumar in Case Crime No.102 of 2018, under Sections 363, 366, 376 and 506 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Linepar, District-Firozabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per the medical report and the high school certificate the victim is aged about 17 years. The texture of the statement of the victim recorded under Section 164 Cr.P.C. reflects that she was allegedly abducted by the applicant and later on she was taken to Firozabad, Kanpur Nagar and Lucknow. She was also taken by the applicant in a hotel where she was raped. In fact the victim was on the verge of attaining majority and was a consenting party and when she came back along with the applicant, a false F.I.R. of abduction and rape has been fabricated. The F.I.R. was lodged after four days of the incident.The prosecution version of rape is not supported by medical report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 20.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim is a minor girl but they could not dispute the submissions advanced by the learned counsel for the applicant.
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-Manish Kumar 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 MN/-