Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28323 of 2018 Applicant :- Yashwant Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Jaiswal 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. 113 of 2018, u/s 363, 366, 376, 120-B IPC and 3/4 POCSO Act, P.S. Sarai Lakhansi, District Mau with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case by the first informant. It is stated that the applicant had kidnapped informant's daughter aged about 17 years with the assistance of other family members. The prosecutrix was however recovered after two months from Mau. It is stated that when the prosecutrix was recovered the applicant had fled away after seeing the police, her statement u/s 161 Cr.P.C. was recorded soon after in which she has admitted having love affair with the applicant and also admitted to have gone with him and stayed for more than a month in Mumbai. Similarly such statement was given by her before the doctor at the time of her examination, however, it appears that under duress of her father she has alleged that she was raped by the applicant and his brother Satendra in Mumbai. In the statement u/s 164 Cr.P.C. she has admitted to have love affair with the applicant. Learned counsel states that from the medical report, age of the prosecutrix is more than 18 years and it appears that she was a consenting party.
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 Yashwant Kumar 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 :- 31.7.2018 Dhirendra/