Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16018 of 2017 Applicant :- Narvindra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Digvijay Singh, 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-Narvindra Kumar in Case Crime No.764 of 2016, under Sections 363, 366, 376, 342, 506 I.P.C. and 4 of POCSO Act, Police Station Baradari, District-Bareilly with the prayer to enlarge him on bail.
The contention of the learned counsel for the applicant is that the prosecutrix is a major girl. He has further argued that as per the statement of the prosecutrix, she appears to be a consenting party and appears to have gone along with the applicant voluntarily. He has further submitted that the applicant and prosecutrix both were arrested by the police on 24.10.2016, after about two and half months of her eloping with the applicant while they were in search of a room. The copy of recovery memo has been annexed as Annexure-5 to the affidavit. There is no early prospect of conclusion of trial. Lastly, he has submitted that the applicant, who is in jail since 25.10.2016, 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-Narvindra 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 :- 30.4.2018 MN/-