Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3887 of 2019 Applicant :- Mukesh Alias Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Grounds urged in support of the bail is that the victim is major and she has stated her age to be 19 years, whereas on medical examination, her age was assessed to be 17 years. When added by a margin of two years that would also come to 19 years. No offence, whatsoever, has been committed. As per the statement of the victim under Section 164 Cr.P.C., she has stated that she of her own free-will alone departed from her house. That way, no offence under Sections 363, 366 I.P.C. can be made out against the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 5.5.2017.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Mukesh Alias Akash involved in Special Case No. 1108 of 2017, arising out of Case Crime No. 319 of 2017, under Sections - 363, 366, 506 I.P.C. & 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station - Etmaddaula, District - Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 S Rawat