Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25626 of 2018 Applicant :- Shivaji Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Chandra Yadav,Mata Prasad Pal,Pradyumn Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Despite sufficient opportunity being given to learned A.G.A., no counter affidavit has been filed till date.
Heard S/Sri Ram Chandra Yadav,Mata Prasad Pal,Pradyumn Kumar, learned counsels 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-Shivaji in Case Crime No.54 of 2018, under Sections 376 and 452 I.P.C., Police Station Kotwali, District-Mainpuri with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim is aged about 19 years. She has alleged that when she was studying in High School in the year 2014, she developed friendship with the applicant and sexual relations were established between them. Learned counsel for the applicant further states that it is a case of consensual relations between the prosecutrix and the applicant. There are various inconsistencies in the version set up in the F.I.R. and the statements of the victim recorded under Sections 161 and 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.04.2018, 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-Shivaji 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 :- 25.9.2018/MN/-