Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32337 of 2018 Applicant :- Vineet @ Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajeev Upadhyay, 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-Vineet @ Ravi in Case Crime No.229 of 2018, under Sections 363, 366, 376, 504, 120-B I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Chhibramau, District-Kannauj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim, as per the high school certificate, is at the verge of attaining majority. It is argued that the prosecutrix and the applicant were having love affair. The victim has admitted to have stayed with the applicant at different places for more than a month. He further states that from the perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C., prima facie, it appears that the victim was in consensual relationship with the applicant and physical relations were established between them at Panipat. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.05.2018, 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-Vineet @ Ravi 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 :- 28.8.2018 MN/-