Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33108 of 2018 Applicant :- Sanju Parihar @ Sanjay Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Mahesh Kumar,Mahesh Kumar Tripathi
Hon'ble Shashi Kant,J.
Heard Shri Satya Prakash Rathore holding brief of Shri Narendra Kumar, learned counsel for the applicant, learned A.G.A for the State of U.P., Shri Mahesh Kumar, learned counsel for the complainant and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 107 of 2018, under Sections 363, 366, 376, 343, 120B I.P.C, and Section 3/4 POCSO Act and Section 3 (2), 5 of SC&ST Act, Police Station Kotwali, District Jhansi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 13.6.2018. It is further submitted on behalf of applicant that FIR of the case has been lodged with the delay of 11 days without any reason. There is no allegation of rape against the present applicant. However, allegation of rape is against co- accused Avanish. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she went with the applicant from her own free will. It is further submitted that according to the medical examination report victim is aged about 17 years and according to the allegation of FIR victim is aged about 16 years. In view of two years margin to upper side, she became major, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have vehmently opposed the prayer for grant of bail to the applicant by submitting that victim is minor and initially applicant has enticed away by alluring her and subsequently handed over the victim to co-accused Avanish who has committed rape upon her. In these circumstances, applicant is not entitled for bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sanju Parihar @ Sanjay be released on bail in Case Crime No. 107 of 2018, under Sections 363, 366, 376, 343, 120B I.P.C, and Section 3/4 POCSO Act and Section 3 (2), 5 of SC&ST Act, Police Station Kotwali, District Jhansi, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 31.8.2018 Ravi Prakash