Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35984 of 2018 Applicant :- Arun Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 191 of 2018, u/s 363, 376 IPC and section 4 of POCSO Act, P.S. Faridpur, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has absolutely not committed any offence whatsoever. The victim has disclosed her age to be 19 years before the I.O. and the Magistrate. In both statement u/s 161 and 164 Cr.P.C. she has admitted to have solemnized marriage with the applicant and is leading a happy married life, she further stated that she has also conceived on account of physical relation with the applicant.
Learned A.G.A. has opposed the prayer for bail and submitted that as per school record, the victim is minor and less than 18 years of age. However he could not dispute the statement of the victim in which she has not levelled any allegation of kidnapping or rape.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Arun involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/