Manoj Kumar v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29575 of 2018

Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Chandresh Kumar Chaurasiya,Amar Bahadur Maurya,Pradeep Kumar Counsel for Opposite Party :- G.A.,Mohd. Faiz

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Mukesh Kumar holding brief of Sri Pradeep Kumar, learned counsel for the applicant, Sri Mohd. Arif holding brief of Sri Mohd. Faiz, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant – Manoj Kumar with a prayer to enlarge him on bail in Case Crime No.316 of 2018, under Sections 147, 420, 354-Ka, 354Kha, 354-Ga, 376, 377, 323, 506 I.P.C., Police Station Izzat Nagar, District Bareilly.

It is argued by learned counsel for the applicant that as per allegation in the FIR, the victim was enticed away by the applicant on the promise to marry her. In her statements recorded under Sections 161 and 164 Cr.P.C. she has stated that on the pretext of marrying her, the applicant had sexually assaulted her. The victim was mature enough to understand as to what extent she should go in relations with the applicant, under promise of being married with her. As she has also accepted her consensual relationship with the applicant since last 7-8 years without any objection, the parties are consenting. The victim is 22 years and as per medical report she is major. The applicant does not have any previous criminal history. It is next 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 counsel for the applicant has also pressed the bail application on the ground of long detention as the applicant is languishing in jail since 07.06.2016. Accordingly, he requests for bail.