Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32028 of 2018 Applicant :- Sachin Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Irfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed on behalf of the applicant today is taken on record.
Heard Sri Syed Irfan Ali, learned counsel for the applicant, Sri Rajiv Kumar Pandey, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sachin in Case Crime No.352 of 2018, under Sections 363, 366, 376/511 I.P.C. and 7/8 of The Protection of Children From Sexual Offences Act, Police Station Delhi Gate, District-Aligarh with the prayer to enlarge him on bail.
The short submission of the learned counsel for the applicant is that in her statement recorded under Section 161 Cr.P.C. the victim has not alleged any kind of sexual assault on her by the applicant whereas in her statement recorded under Section 164 Cr.P.C. she has stated that the applicant who happens to be her cousin had attempted to rape her. He has further stated that while being medically examined, the victim has not stated that she was sexually assaulted by the applicant. As per medical report, the prosecutrix is aged about 19 years. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.04.2018, 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 is minor and as per high school certificate, she is about 16 years of age. However, they could not dispute the contradictions between her statement recorded under Sections 161 and 164 Cr.P.C. and also the fact that the medical report does not support the prosecution version of any sexual assault on her.
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-Sachin 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 :- 24.8.2018/MN/-