Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28254 of 2018 Applicant :- Rahul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Singh,Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pappu, 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-Rahul Kumar in Case Crime No.181 of 2018, under Sections 376, 511, 452, 323, 504, 506 I.P.C. and 7/8 of The Protection of Children From Sexual Offences Act, Police Station Gursahaiganj, District-Kannauj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the F.I.R. has been lodged with an inordinate delay of seven days regarding an incident of alleged attempt to commit rape by the applicant after entering the house of first informant. Learned counsel submits that there is no plausible explanation for delay in lodging of F.I.R. In fact the prosecutrix is a major girl of about 18-19 years. In para-13 of the affidavit filed in support of bail application, it is stated that the applicant and the victim were very close friends and had liking for each other which was opposed by the family members and after deliberations false F.I.R. has been lodged against the applicant.There is no early prospect of conclusion of trial. So, the applicant who is a young lad of 18-20 years and is languishing in jail since 30.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA 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-Rahul Kumar 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 :- 31.7.2018/MN/-