Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44071 of 2018 Applicant :- Yogesh Alias Karu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A.,Ashok Kumar Singh,Smt.Pratibha Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed today is taken on record.
By the order of this Court dated 5.2.2019, medical report was called for, which is taken on record.
Heard Mr. Rahul Mehrotra, learned counsel for the applicant, Mr. Ashok Kumar Singh, learned counsel for the complainant and Mr. Mohd. Shoaib Khan, learned counsel for the State and perused the material on record.
The present bail application has been filed by the applicant- Yogesh Alias Karu with a prayer to enlarge him on bail in Case Crime No. 232 of 2018, under Sections 323, 504, 506, 354-B, 376, 511 IPC and Section 18 POCSO Act, police station Ndhauli Kalan, distsrict Etah.
The FIR has been lodged only with the allegation regarding molestation of the victim. In the statement under section 164 Cr.P.C., the victim has denied any commission of offence of rape upon her. She has refused to get herself medically examined. As per medical, the age of the victim is nearly 15-16 years. The applicant has no criminal history and has been in jail since 19.8.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. 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 well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
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 order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira