Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27460 of 2018 Applicant :- Manish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Satyendra Kumar Singh, 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-Manish Kumar in Case Crime No.507 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Rohaniya, District-Varanasi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that in fact the prosecutrix is a major girl aged about 18 years. Her age stated by her before the Magistrate is also 18 years. She has stated that the applicant is her immediate neighbour with whom she was in deep love and she had eloped with the applicant voluntarily, then they solemnized marriage as well. The F.I.R. lodged by the mother of the prosecutrix is totally false as she was against their marriage. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 05.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that the prosecutrix 14 years. However, as per ossification test her age was determined to be seventeen and half years. Learned A.G.A.also could not dispute categorical statement of the prosecutrix whereby she has not levelled any allegation of rape or kidnapping by 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 :- 31.7.2018 MN/-