Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37937 of 2018 Applicant :- Mukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Dixit,Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, Sri Munne Lal, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Mukesh, who is involved in Case Crime No.165 of 2018, under Sections- 363, 366, 376 I.P.C., read with Section 3/4 POCSO Act, Police Station-Katra, District-Shahjahanpur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number whereas prosecutorix was major and held to be age of 16 years in the medical examination; in her statement, recorded under Section 164 Cr. P.C., she has said that it was Urmila, who had administered some thing to her and thereafter got her boarded in a bus of Katra where she met with Mukesh and thereafter she went with Mukesh to Haryana where she was subjected to rape; she protested, but none helped her; she had gone with Mukesh upon enticing by Urmila, but never raised any protest, while being taken in a bus by Mukesh; it was a consensual physical relationship, though she has been determined to be age of 16 years of age; in internal examination, hymen was found intact; accused- applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was got lodged on 8.4.2018 whereas occurrence was of 6.4.2018. Informant, Budhpal, was not an eye witness account of this occurrence. Whatever was told to him that was got written and it was Urmila to whom prosecutorix has gone to meet. Subsequently, it was said that Mukesh took her. Prosecutorix, in her statement, recorded under Section 164 Cr.P.C., has said to have gone with the present accused- applicant, by bus to Haryana, and came back from there, but at no point of time any protest was raised by her. She was present at Bus Station from where she was recovered by the Police and even then she was not in hurry to go to her home and also not made any complaint to the Police.
Under all above facts and circumstances, but without commening on merits of the case, a case for bail is made out.
Accordingly, this Bail Application is allowed.
Let the applicant, Mukesh, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 bgs/