Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45417 of 2017 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharib Salaman Ahmad Ansari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sharib Salaman Ahmad Ansari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.110 of 2017, under Sections 363, 366, 376(2)(I)(N) IPC & 5-L/6 POCSO Act, Police Station Madhogarh, District Jalaun, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the first information report was lodged on 10.7.2017 with the allegation that on 8.7.2017, the daughter of informant has been kidnapped by the applicant and she has also taken cash and jewellery worth of Rs. 1.5 lakh. The victim was recovered during investigation on 13.8.2017. In the statement under Section 164 Cr.P.C., she has admitted to have gone with the applicant to Mumbai in a train and has stated that she did not raise any alarm and had stayed with the applicant for about one month. In the said statement, she did not level any allegation of rape by the applicant. As per medical report, she is aged about 16 years. Lastly, it is submitted that the applicant is languishing in jail since 16.8.2017 having no criminal antecedents.
Per contra, learned A.G.A. vehemently opposed the bail but could not dispute that in the statement under Section 164 Cr.P.C. she has not levelled any allegation of sexual assault by the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Pankaj, 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 :- 12.9.2018 Hasnain