Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15082 of 2016 Applicant :- Ram Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.,Jitendra Kumar Yadav
Hon'ble Bala Krishna Narayana,J.
Heard Sri Kamal Krishna, Senior Advocate assisted by Sri Ghanshyam Das, learned counsel for the applicant and learned A. G. A. for the State as well as Sri Jitnedra Kumar Yadav, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 223 of 2015, under Section-376 IPC and Section-6 of POCSO Act, P. S.-Sadar Bazar, district-Jhansi and is in jail since 31.12.2015, is seeking enlargement on bail during the trial.
It has been contended by learned counsel for the applicant that the prosecution story as narrated in the F. I. R., which was lodged after fifteen days from the date on which the mother of the victim-Km. Sadhna had caught her and the applicant in a compromising position, that the applicant had been committing rape on the victim-Km. Sadhna continuously for the last six months, which is highly improbable and does not inspire confidence. Moreover, on the radiological examination, the age of the victim was found to be about 16-18 years and hence she can safely be said to be major on the date of the incident. He has also submitted that although the prosecutrix in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case but the tenor of her statement and the surrounding circumstances suggest that she was a consenting party. He has lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail, is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. as well as Sri Jitnedra Kumar Yadav, learned counsel for the informant.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
Without expressing any opinion on the merits of the case, let the applicant, Ram Kumar be released on bail in Case Crime No. 223 of 2015, under Section-376 IPC and Section-6 of POCSO Act, P. S.-Sadar Bazar, district-Jhansi on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.8.2018 HR