Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28260 of 2018 Applicant :- Ravindra Jatav Alias Ravindra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.499 of 2018, under Sections 376, 420, 506 IPC and 3/4 POCSO Act, Police Station Etmad-ud-Daula, District Agra, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case by the first informant in order to blackmail. In fact, the prosecutrix is a major girl and was having an affair with the applicant which was in the knowledge of the first informant as well. In the statement recorded under Section 161 Cr.P.C., the prosecutrix has stated that during the period in which she was exploited by the applicant and had also taken Rs.20,000/- for getting a job to her mother which indicates that everything was in the knowledge of the informant. He further submitted that the allegation in the first information report about the abortion on two occasions has not been supported by the prosecutrix in her statements under Sections 161 and 164 Cr.P.C. It is argued that apparently it appears to be a case of consenting party. Lastly, it is submitted that the applicant has no criminal history and he is in jail since 16.6.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ravindra Jatav Alias Ravindra 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.
Considering the fact that it is a case of rape, in view of the provisions of Apex Court, the trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of six months from the date of production of a certified copy of the order.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 30.7.2018 Hasnain