Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28079 of 2018 Applicant :- Abid Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Saurabh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Srimati Usha Srivastava & Sri Saurabh Tripathi, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.146 of 2018, under Sections 363, 366, 376-D IPC and 3/4 POCSO Act, 2012, Police Station Puwayan, District Shahjahanpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the prosecutrix is aged about 17 years and in the statement recorded under Section 164 Cr.P.C., she has neither made any allegation of kidnapping or of committing rape on her. However, in the statement before the the Doctor the victim told that she had gone with the applicant of her free will and then had also solemnized marriage with the applicant and lived as husband and wife.
Per contra, learned AGA vehemently opposed the bail and submitted that the prosecutrix is less than 18 years of age. However, he could not dispute that in the statement under Section 164 Cr.P.C. she has not levelled allegation of kidnapping or rape by the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Abid, 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 :- 27.7.2018 Hasnain