Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34074 of 2021 Applicant :- Raju@ Tokhir Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Satyendra Narayan Singh 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, in brief, is that the age of the victim in her medical examination has been assessed to be 18 years, whereas, there is no clinching proof that the victim is minor. The incident is alleged to have taken place on 24.05.2021. There is no worthy or satisfactory explanation as to how and why the first information report was lodged on 28.05.2021. Fact is that marriage of the victim with the applicant was fixed, however, the applicant refused to marry her and on account of which the first information report has been lodged against the applicant. There is no version of rape in the first information report. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 05.06.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of 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 Raju@ Tokhir involved in Case Crime No.174 of 2021, under Sections 323, 376, 452, 504, 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station Bhopa, District Muzaffarnagar 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 :- 26.10.2021 rkg