Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31459 of 2018 Applicant :- Rajesh Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Singh, 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- Rajesh Mishra in Case Crime No. 89 of 2018, under Sections 363, 366-A, 376 I.P.C. and 5/6 Prevention of Children from Sexual Offence Act, Police Station- Duboulia, District- Basti with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per medical examination the victim is aged about 18 years in this behalf certified copy issued by the board of doctors headed by C.M.O., Basti has been annexed as annexure-6 to the affidavit. In her statement recorded under Section 161 Cr.P.C., prosecutrix has admitted having love affair with the applicant. In her statement recorded under Section 164 Cr.P.C., she has not alleged commission of rape or sexual assault by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 05.05.2018, 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- Rajesh Mishra 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/-