Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31639 of 2018 Applicant :- Satish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Atul Kumar Singh has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Ravindra Kumar Dwivedi, learned counsel for the applicant, Sri Atul Kumar Singh, 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- Satish Kumar in Case Crime No. 458 of 2018, under Sections 376, 323 I.P.C., Police Station- Qwarsi, District- Aligarh with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the victim is aged about 28 years and she has alleged in the F.I.R. that she had live in relation with the applicant for the past ten years and continuously he has been dodging her that he will solemnize marriage with her but now he has refused to solemnize marriage. During this period, he had also established physical relations with her and she was kept in dark by the applicant and by playing fraud he sexually exploited her. Learned counsel for the applicant states that the victim is a major girl of matured understanding and she will be presumed to know the consequences of her entering in sexual relation with any person. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 08.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but they could not dispute that the victim and the applicant were in live in relationship for about last 10 years and the victim is aged about 28 years.
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- Satish 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 :- 24.8.2018 Vikas/-