Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28270 of 2018 Applicant :- Praveen Kumar @ P.K.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Anurug Pathak,Shahashi Dhar Panday
Hon'ble Rajul Bhargava,J.
Vakalatnama filed by Sri Anurag Pathak, learned counsel for the complainant is taken on record.
Heard Sri Arvind Agrawal, learned counsel for the applicant, Sri Anurag Pathak, learned counsel for the complainant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Praveen Kumar @ P.K. in Case Crime No.255 of 2018, under Sections 376, 506 & 120-B I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Narkhi, District-Firozabad 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. First information report regarding the alleged incident of rape was lodged belatedly on 10.05.2018 which is said to have taken place on 02.03.2018. It is argued that as per the medical examination, the prosecutrix is aged about 18 years and from the material evidence collected during investigation, it appears that the prosecutrix and the applicant were having love affair. In paragraph 21 of the affidavit filed in support of the bail application, it is stated that the prosecutrix and other family members were pressurizing applicant to marry her and on being refused by the applicant, he was falsely named in the alleged incident after more than two months. It is further argued that her medical examination was also conducted after more than two months. Prima facie, there is no evidence of rape against the applicant at this stage. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant had taken some objectionable photographs and prepared video-graph and started blackmailing her, on account of which, the F.I.R. was lodged after two months when the incident of harassment reached to its nadir. They further submitted that the prosecutrix has specifically levelled the allegation of rape by the applicant but they could not place any material on record regarding the alleged photographs or video-graph allegedly taken 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-Praveen Kumar @ P.K. 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/-