Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32272 of 2018 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Udai Bhan Singh & Sri Avanish Pratap Singh, 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.646 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Jagdishpura, District Agra, with the prayer to release him on bail.
Learned counsel for the applicant has argued that the applicant is not named in the first information report. His name has been introduced by the victim in her statement under Section 164 Cr.P.C. of extending threats. The victim has stated that she is in love with one Sumit and his family members including the applicant are against the marriage. There is no allegation of sexual assault against the applicant. It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 26.6.2018 having no criminal antecedents.
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 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 Arjun, 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 :- 28.8.2018 Hasnain