Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28008 of 2018 Applicant :- Prem Pal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Mishra, learned counsel for the applicant, Sri K.S. Tomar Advocate has filed his Vakalatnama on behalf of informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.267 of 2018, under Sections 363, 366, 368, 376 IPC and 3/4 POCSO Act, Police Station Delhi Gate, District Aligarh, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the first informant, the father of the victim lodged first information report of alleged kidnapping on 25.3.2018 at 6.6 P.M. stating therein that on 23.3.2018 at about 2-3 A.M. the applicant after enticing his daughter has kidnapped her and she was seen going along with the applicant by some persons of the village. Subsequently, on the information of the informer the prosecutrix and the applicant were nabbed by the Police from the brick kiln of one Mukesh Chaudhary. It is argued that in the recovery memo annexed with the affidavit, there is no averment in it that the victim was under captivity or was made hostage. The prosecutrix as per her statement was aged about 17 years and she has admitted that she used to love the applicant. It is further argued that the prosecutrix after recovery, has levelled allegation of rape against the applicant under pressure of her father, though in fact, the physical relations were established with her consent.
Per contra, learned AGA as well as counsel for the informant vehemently opposed the bail and submitted that the prosecutrix is minor and she has levelled allegation of rape against the applicant. However, they could not dispute that at the time of arrest of the applicant along with the victim, she was not found under captivity.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Prem Pal Singh, 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 :- 27.7.2018 Hasnain