Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32333 of 2018 Applicant :- Ravi Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant, Sri Ken Singh, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Ravi Kumar in Case Crime No.181 of 2018, under Sections 376-D I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Dauki, District-Agra with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the F.I.R. was lodged on the next day of the incident in which there is only allegation of outraging modesty of daughter of first informant by the applicant and co-accused. Similar such statement has been made by the first informant and the victim under Section 161 Cr.P.C. Subsequently in the statement recorded under Section 164 Cr.P.C., it is alleged that applicant and co-accused,Arjun took her to the house of Arjun and then the applicant committed rape on her. Learned counsel for the applicant states that as per the medical report of the victim, no evidence of sexual assault or any sign of any injury on the person of the victim was detected. There is inconsistent version of the victim under Sections 161 and 164 Cr.P.C. and no reliance can be placed regarding alleged prosecution version of rape. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim has fully corroborated the prosecution version in her statement recorded under Section 164 Cr.P.C. Therefore, the applicant is not entitled to be enlarged on bail but they could not dispute that there is no external or internal injury or sign of sexual assault on the person of the victim.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ravi Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 28.8.2018 MN/-