Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27836 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that according to the medical examination, the age of the victim was found to be about 18 years but actually she was much above of that age and was fully grown up major girl at the time of incident. Counsel has drawn the attention of the Court to the statement of the victim given before the Magistrate in which she admitted to have been in love with the applicant for the last four years and she also admitted to have gone along with the applicant on her own volition wilfully. It has also been stated by her before the Magistrate that her parents disagreed to this relationship and that is why false implication of the applicant has been made. She also made statement to the effect that no coercion was exercised against her at all and neither the applicant nor his family members did anything wrong with her. Submission is that complete exoneration of the applicant by the victim before the Magistrate makes at least a prima facie case for bail at this stage in favour of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 19.3.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Raju, involved in Case Crime No. 94 of 2018, u/ss. 363, 366, 376 I.P.C. & 3/4 POCSO Act, P.S.- Belipar, District- Gorakhpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.7.2018 Naresh