Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34910 of 2018 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar Tripathi, 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 in Case Crime No.73 of 2018, under Sections 363, 366, 376 I.P.C. and 5/6 and 16/17 of The Protection of Children From Sexual Offences Act, Police Station Falawda, District-Meerut with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per the medical report based on the radiological examination, the victim is aged about 18 years. In her statement recorded under Section 164 Cr.P.C. the prosecutrix has disclosed her age to be 20 years and has stated that her family members used to beat her. She had performed court marriage with the applicant about six months' back and she is also carrying pregnancy of six months. She has not supported the prosecution version of rape by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.04.2018, 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 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 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 :- 17.9.2018 MN/-