Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35343 of 2018 Applicant :- Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Deshraj Garg Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Deshraj Garg, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sanjay in Case Crime No.126 of 2018, under Sections 363, 366, 376 I.P.C., 4 of The Protection of Children From Sexual Offences Act and 3(2)5 of S.C./S.T. Act, Police Station Mau, District-Chitrakoot with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that according to the F.I.R. the victim is aged about 15 years and in the medical report her age is mentioned as 18 years. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has stated that she wanted to marry the applicant, however, family members of the applicant were against it. She has not given statement of sexual assault against the applicant either in her statement recorded under Section 161 nor 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA 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 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-Sanjay 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 :- 18.9.2018 MN/-