Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31276 of 2018 Applicant :- Pradeep @ John Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Dwivedi, 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-Pradeep @ John in Case Crime No.94 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Linepar, District-Firozabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per medical report the victim is aged about 17 years. From bare reading of statement of the prosecutrix recorded under Section 164 Cr.P.C., she appears to be a consenting party and has admitted to have gone along with the applicant to Agra, Ludhiana and other places. She also admitted that she had gone with the applicant of own freewill, voluntarily. She has also stated that during this period both of them stayed as husband and wife. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 14.8.2016, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA 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-Pradeep @ John 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 :- 21.8.2018 MN/-