Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15585 of 2019 Applicant :- Pankaj Keshari Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Prakash Yadav,Bijai Nath Yadav,Satya Prakash Yadav Counsel for Opposite Party :- G.A.,Indradeo Maurya
Hon'ble Vipin Sinha,J.
List has been revised. Sri Indradeo Maurya, learned counsel for the complainant is not present.
Heard learned counsel appearing on behalf of the applicant and Sri Mohd. Nadeem, learned A. G. A. appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.460 of 2018, under Sections 363, 366, 376(3), IPC and 3/4 Protection of Children From Sexual Offences Act, Police Station Manduwadeeh, District Varanasi.
The contention of the counsel for the applicant is that the age of the girl is about 19-20 years as per the medical certificate and thus she is an adult, copy of which has been annexed on page no.41 of the affidavit filed in support of the bail application; that attention of the Court has been drawn to the statement of the girl under Sections 161 and 164 Cr.P.C. in support of his contention that the girl was in consensual relationship and she is an adult, copy of the statement of the girl under Section 161 and 164 Cr.P.C. have been annexed on page nos.25 and 44 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 21.01.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances and the fact that the applicant is languishing in jail since 21.01.2019 with no previous criminal history, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Pankaj Keshari involved in the aforesaid case crime number 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.7.2019/VKG