Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31603 of 2018 Applicant :- Radheshyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Mishra, 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- Radheshyam in Case Crime No. 158 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Shahjad Nagar, District- Rampur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that the prosecutrix is aged about 24 years. In her statement recorded under Section 164 Cr.P.C., she has stated that she had eloped with the applicant on her own free will on 23.04.2016, then they went to Allahabad and solemnized marriage. He further submitted that the applicant and the prosecutrix both have appeared before the Court in Criminal Misc. Writ Petition No. 10869 of 2016 in which the court on being satisfied that the prosecutrix is a major girl had stayed their arrest vide order dated 13.05.2016. Copy of the order passed by the court in the above noted writ petition has been annexed as annexure-5 to the affidavit. It is further submitted that the prosecutrix has also delivered a child and she is living as wife with the applicant's parents. Affidavit has been filed by the victim in support of the bail application. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.07.2018, 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- Radheshyam 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 :- 23.8.2018 Vikas/-