Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3932 of 2019 Applicant :- Rahul Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There was no motive for the applicant to commit offence. Though the age of the victim has been assessed to be less than 18 years in her medical examination but when the same is added by margin of two years more then it crosses 18 years and she will be treated to be major. The statement of the victim recorded under Sections 161 and 164 Cr.P.C. on the face is exculpatory. There is no worthy proof in support of the fact that the victim is minor. The applicant does not bear any criminal history and is languishing in jail since 02.01.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Rahul Kumar involved in Case Crime No.52 of 2017, under Sections 363, 366, 376 I.P.C. and 4 Protection of Children from Sexual Offences Act, 2012, Police Station Mangalpur, District Kanpur Dehat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 rkg