Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35721 of 2018 Applicant :- Tufan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava 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. 96 of 2018, u/s 363, 366, 506, 376(2)Jha IPC, section 3/4 POCSO Act and section 3(2)5 SC/ST Act, P.S. Mahewaghat, District Kaushambi with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per the high school certificate, the victim is aged about 17 years and the medical report indicates that she was 19 years of age. In the statement u/s 161 Cr.P.C. she had admitted to have gone with the applicant to Poona and stayed there for few days. However, subsequently after recovery it appears that under the pressure of family members she has stated that she was sedated by the applicant and then took her to Poona where she was sexually assaulted by the applicant. Learned counsel states that in view of incongruity of the statement u/s 161 and 164 Cr.P.C. no reliance can be placed on the prosecution version.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
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 Tufan Singh 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 :- 20.9.2018 Dhirendra/