Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6663 of 2018 Applicant :- Ranjeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Srivastava,Santosh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 1038 of 2016, u/s 363, 366, 376, 120-B IPC and 3/4 POCSO Act, P.S.Chunar, District Mirzapur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per the statement of the prosecutrix, she was instigated by one Smt. Meera wife of Roop Narain to run away with the applicant and thereafter she went with the applicant to Ahmadabad where she stayed with the applicant for about seven months and on the pretext of marriage he had also established physical relation with her. It is argued that from bare reading of the statement u/s 164 Cr.P.C. it is clear that she was not kept under captivity or under duress in Ahmadabad, from which it appears that she was stayed with the applicant of her free will with her consent.
Learned A.G.A. has opposed the prayer for bail and submitted that the prosecutrix is less than 18 years of age. However he could not dispute that the victim had stayed with the applicant for about seven months in Ahmadabad without raising any resistance or hue and cry.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ranjeet involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
I may record that any observations made hereinabove shall not affect the trial.
Order Date :- 27.7.2018 Dhirendra/