Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20748 of 2018 Applicant :- Rakesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahadeo Singh Chandel 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 the counsel for the applicant is that the radiological examination of the victim shows that the most of the joints were found fused which is a sure indication that the victim had attained her majority. Attention was drawn to the statement of the victim given before the Magistrate under Section 164 of Cr.P.C. in which she admitted to have been in love with the applicant and she also admitted to have gone with him on her own volition and having lived along with him for quite a few days. She also categorically admitted that she established carnal relationship with the applicant with her own will. In fact, it was stated that when she was going to Banda along with the applicant for marriage in the Court, she was caught in the way. It was also submitted that the contents of the F.I.R. also show that the victim had gone along with valuables of the house, which is also an indication of her consent and willingness in leaving her house on her own volition. Submission is that in view of the aforesaid facts at least a prima facie case of bail in favour of the applicant is made out. 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 30.7.2017 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- Rakesh Yadav, involved in Case Crime No. 104 of 2017, u/ss. 363, 366, 368, 376D, 506 I.P.C. & 3/4 POCSO Act, P.S.- Jaspura, District- Banda, 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 :- 31.5.2018 Naresh