Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2857 of 2019 Applicant :- Tabarez Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalji Yadav,Anoop Kumar Singh,Yashpal Yadav Counsel for Opposite Party :- G.A.,Devendra Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Tabarez has prayed to release him on bail in Case Crime No. 133 of 2018, u/s 376, 504, 506 I.P.C. and 3/4 POCSO Act, P.S. Vishunpura, District Kushinagar.
Heard learned counsel for the applicant, learned counsel for informant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent. There had been conversation and love affairs between applicant and prosecutrix since last six months. On the eve of Id accused and prosecutrix were seen in obnoxious situation and family members of prosecutrix assaulted them and got this false case registered with too much delayed report. Statement of prosecutrix is that there was use of force. She has been held to be of 18 years in medical age determination and it was a consensual act for which there is chatting recorded in between them. He is of no criminal antecedent and is languishing in jail since more than one year. Bail during trial has been prayed for.
Learned counsel for informant has accepted about age of prosecutrix and consensual relationship between prosecutrix and accused applicant and has apprised that there is some negotiation between parties for getting them married.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that the occurrence was of 30.5.2018, whereas report was lodged on 31.5.2018 at 21.20 hours i.e. much delayed report. Admittedly, mobile phone given to prosecutrix was purchased by the applicant over which she was having chatting with accused-applicant. Prosecutrix has been held to be of 18 years in age determination by Medical Board. Without commenting on merit of the case, this bail application is allowed.
Let the applicant, Tabarez, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.7.2019 Pcl