Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31396 of 2018 Applicant :- Rohit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh, Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsels for the applicant and the learned A.G.A. for the State and perused the statement of the victim recorded under Section 164 Cr.P.C.
The present bail application has been filed by the applicant- Rohit Kumar in Case Crime No. 190 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Chaubeypur, District- Varanasi with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the prosecutrix is aged about 17 years and in her statement recorded under Section 164 Cr.P.C. she has stated that she was in friendship with the applicant and had also liked each other. On 19.04.2018, she went with the applicant to Gujarat and thereafter went to Delhi. She has further stated that she wants to perform marriage with the applicant and the family members of the applicant were against their marriage. Prima facie, it appears that victim is a consenting party and she has not levelled any allegation of kidnapping or committing rape against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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, especially, the statement of the victim recorded under Section 164 Cr.P.C. 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- Rohit 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 :- 21.8.2018/ Vikas/-