Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4376 of 2019 Applicant :- Parashuram Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that in medical report the age of victim has been shown about 18 years. In fact at the time of alleged incident the victim was major. The statements of victim under section 161 and 164 Cr.P.C. show that the victim travelled and remained with the applicant about two and half months at different places but during this period she did not make any hue and cry to save herself which shows that the victim was a consenting party. The applicant has not committed the alleged offence and has been falsely implicated in this case. No offence is made out against the applicant. There is no criminal history of the applicant and is in jail since 30.6.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Parashuram involved in Case Crime No.237 of 2018, under Section 363, 366,376 IPC Police Station Maudarwaja District Farrukhabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 Gss