Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27613 of 2018 Applicant :- Vijay Kumar Bharti Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit has been filed by Sri Yogesh Kumar Mishra on behalf of the applicant, which is taken on record.
Heard Sri Yogesh Kumar Mishra, learned counsel 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- Vijay Kumar Bharti in Case Crime No. 33 of 2018, under Sections 363, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Robertsganj, District- Sonbhadra with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the prosecutrix has falsely implicated the applicant in the present case. The applicant belongs to the family of the prosecutrix and in relation he happens to be her grandfather. It is pointed out that there is a property dispute pending between the parties. It is further pointed out that the prosecution version that at the instance of applicant's wife and one other lady, the prosecutrix was sent along with the applicant and while they were going in a train, the applicant is said to have committed rape on her. It is argued that the prosecution version of rape in a train is highly improbable. The medical report does not support the prosecution version of rape. Lastly, it is submitted that the applicant is aged about 50 years, having grown up children and therefore, it is unbelievable that he would commit rape on his grand-daughter. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim is less than 16 years of age. However, he could not dispute the averments made in para 17 of the affidavit regarding the relationship of applicant with the prosecutrix.
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- Vijay Kumar Bharti 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 :- 6.9.2018/ Vikas/-