Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28304 of 2018 Applicant :- Prabhanshu Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Bhan Kushwaha, 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-Prabhanshu Verma in Case Crime No. 271 of 2018, under Sections 452, 323, 504, 506, 376 I.P.C., Police Station- Kotwali, District- Badaun with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that as per the prosecution version in the F.I.R. lodged on 17.05.2018, it is stated that when the prosecutrix was aged about 15 years in the year 2011, the applicant in the pretext of marrying her established physical relations with her and continuously for several years he sexually exploited her. When she attained the age of 18 years, he got her pregnancy aborted. It is argued that, as per the high-school certificate, prosecutrix is aged about 21 years and from the texture of her statement it appears that she is a consenting party and at this stage it cannot be determined as to whether the consent for sex was obtained by the applicant by paying fraud or inducement on the prosecutrix, who is a grown-up girl. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. 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-Prabhanshu Verma 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 :- 30.7.2018 Vikas/-