Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35710 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 114 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S.
Palimukimpur, District Aligarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. It is argued that as per the prosecution case, marriage of the prosecutrix was to take place on 11.5.2018. The applicant enticed away his minor daughter on 13.4.2018 however, under the pressure build up on the family members of the applicant she came back on 25.4.2018. Learned counsel states that in the statement u/s 161 and 164 Cr.P.C. there are several material inconsistencies and contradictions. Apparently from both the statement it appears that the victim was a consenting party and subsequently when her marriage got cancelled on account of her elopement with the applicant she has levelled false allegation of rape on the applicant. The applicant is in jail since 18.5.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Manoj Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 Dhirendra/