Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34906 of 2018 Applicant :- Pappu Sagar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashutosh, learned counsel for the applicant, Sri S.D. Dwivedi, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Pappu Sagar in Case Crime No.252 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act,2012 Police Station Ajeem Nagar, District-Rampur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim, as per the medical report, is aged about 22 years. In her statement recorded under Section 164 Cr.P.C. the prosecutrix has admitted that she had gone with the applicant of her own freewill and was known to her for past four years. On 22.06.2017, she had solemnized marriage with the applicant in an Arya Samaj Temple, certificate issued by the temple authority has annexed with the affidavit filed in support of bail application. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 06.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim is aged about 16 years and her consent has no value in the eye of law. Therefore, the applicant is not entitled to be enlarged on bail.
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-Pappu Sagar 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 :- 17.9.2018/MN/-