The Single Judge enlarged the applicant on bail in a non-bailable offence involving sexual assault and kidnapping, accepting the argument of false implication and the compassionate circumstances of the case.
Applicant released on personal bond and two reliable sureties subject to conditions against tampering with evidence and fresh appearance before trial court.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35097 of 2018
Applicant :- Satish Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Deepak Rana, 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- Satish Kumar in Case Crime No. 154 of 2018, under Sections 363, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Pilkhuwa, District- Hapur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that the victim is aged about 19 years as disclosed by her at the time of recording her statement under Section 164 Cr.P.C. She has stated that she was in love with the applicant and was not happy with the behaviour and attitude of her family members. On 22.04.2018 she went to Panipat with the applicant of her own free will and then to Ghaziabad. It is submitted that no allegation of physical assault against the applicant has been made by the prosecutrix in her statement recorded under Section 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.05.2018, 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 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- Satish Kumar 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:-
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 :- 18.9.2018 Vikas/-
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving Sections 363, 376 IPC and POCSO Act.
Whether the false implication of the applicant and the victim's relationship justify granting bail.
Satish Kumar
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
