Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28305 of 2018 Applicant :- Prabhat Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Bibhuti Narayan Singh, 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-Prabhat Kumar Gautam in Case Crime No.185 of 2018, under Sections 363, 376, 506 I.P.C. and 3/4 of Protection of Children from Sexual Offence Act, 2012, Police Station- Robertsganj, District- Sonbhadra 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 the prosecutrix had attained the age of discretion and she was at the verge of attaining majority. He has stressed on the statement of the prosecutrix recorded under Section 164 Cr.P.C. in which she has admitted that she was in deep love with the applicant for the past 2-3 years and had eloped with him. They had gone to Varanasi of own free will without any coercion. She has further stated that her mother used to beat her and her mother to blackmail the applicant has falsely implicated the applicant. She is living with the applicant as husband and wife and has stated that the report of her mother is totally false. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.04.2018, 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 and submitted that the prosecutrix is a minor girl and even her statement has not assumed to be correct to have no legal sanctity in the eyes of law being a minor. However, he could not dispute the statement of the prosecutrix in which she has not made statement of any kidnapping or of any sexual assault by the applicant.
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-Prabhat Kumar Gautam 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/-