Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31445 of 2018 Applicant :- Monu @ Monu Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Pandey, 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- Monu @ Monu Kumar in Case Crime No. 9 of 2018, under Sections 363, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Sultanpur, District- Fatehpur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that the prosecutrix has herself disclosed her age to be 18 years at the time of regarding her statement under Section 164 Cr.P.C. She has stated that she was in love with the applicant and wanted to marry him but her family members were against their marriage. She has also admitted her marriage with the applicant and specifically denied that she was kidnapped after enticement by the applicant. She has also refused for her medical examination during investigation. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.05.2018, 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 but could not point out anything material to the contrary.
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- Monu @ Monu 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 :- 23.8.2018 Vikas/-