Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28093 of 2018 Applicant :- Rinku Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arun Kumar Tripathi, 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.484 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kotwali-Farrukhabad, District Farukkhabad, with the prayer to release him on bail.
It is argued by learned counsel for the applicant that according to medical examination, the age of prosecutrix stated to be 17 years. However, she has disclosed her age to be 20 years at the time of recording statement under Section 164 Cr.P.C. In her statement, she has admitted having love affair with the applicant with whom she met in a marriage. She has categorically stated that she has solemnized marriage with the applicant in a Temple and also established physical relations with him of her free will and consent. The prosecutrix is in fact major and appears to be a consenting party as per her statement under Section 164 Cr.P.C. The applicant is in jail since 2.6.2018.
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 Rinku, 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 :- 27.7.2018 Hasnain