Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5132 of 2018 Applicant :- Raees Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 348 of 2017, u/s 363, 366, 376 IPC and 16/17 and 3/4 POCSO Act, P.S. Nautanwa, District Maharajganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per the medical report, the victim is 17 years of age. Neither in the statement u/s 161 nor in the statement u/s 164 Cr.P.C. she has levelled allegation of any rape or sexual assault by the applicant. On the contrary she has categorically stated that the applicant had not taken her along with him. She has given explanation as to why she had gone way from the house. It is stated that subsequent to the recording of statement u/s 164 Cr.P.C., second statement u/s 161 Cr.P.C. of the victim was recorded in which she has levelled allegation of rape, based on which the applicant is being charged for the offence u/s 376 IPC. Lastly it is stated that the applicant is in jail since 7.10.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Raees involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 Dhirendra/