Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35111 of 2018 Applicant :- Soman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A.,Vaibhav Kohli
Hon'ble Rajul Bhargava,J.
Sri Vaibhav Kohli has filed counter affidavit on behalf of the informant, which is taken on record.
Heard Sri Sunil Dubey, learned counsel for the applicant, Sri Vaibhav Kohli, 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- Soman in Case Crime No. 208 of 2018, under Sections 376, 506 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Chilkana, District- Saharanpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. In fact the victim is a major girl and as per the medical report she is aged about 18 years. The manner in which the prosecution has come out with the version it appears that the victim and the applicant were consenting party. The medical report of the victim does not support the prosecution version of rape. The doctor has opined that no definite opinion can be given about any sexual violence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.07.2018, 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 and submitted that the victim is a minor girl. However, they could not furnish any plausible reason for the delay in lodging the first information report.
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- Soman 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 :- 24.9.2018/ Vikas