Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35978 of 2018 Applicant :- Shahrukh Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 429 of 2017, u/s 363, 366, 376 IPC and section 3/4 and 16/17 POCSO Act, P.S. Kundarki, District Moradabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that from the medical report the age of the victim has been determined to be 20 years though the prosecution has alleged her age to be 17 years. He has laid stress on the statement of the victim recorded u/s 164 Cr.P.C. in which she has stated that she had called the applicant near a mosque and asked him to marry her to which he did not agree, however, on her insistence that she apprehends to danger for life in the family, Nikah was performed on 28.12.2017 in the mosque. It is argued that she had also admitted that the victim was having affair with the applicant for the past three years.
Learned A.G.A. has opposed the prayer for bail and submitted that the victim is aged about 17 years. However he could not dispute the statement of the victim u/s 164 Cr.P.C. from which it appears that she was neither kidnapped nor any rape was committed by the applicant.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Shahrukh involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/