Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45256 of 2020 Applicant :- Arvind Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Arvind Kumar seeks bail in Case Crime No. 156 of 2020, under Sections 363, 366, 376 IPC and section 3/4 of POCSO Act, P.S. Brijmanganj, District- Maharajganj.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. As per the medical report victim is aged about 17-18 years.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded u/s 164 Cr.P.C. in which she has categorically stated she had fallen in love with the applicant and she out of her own free will and volition had gone about three months back and reached at the house of the applicant. The applicant had not committed any indecent act with her. The victim wanted to solemnize marriage with the applicant, however her parents were not agreeable to the said marriage, as such they have lodged first information report against the applicant. She has further stated that now applicant has solemnized marriage with her and they wants to live together. Looking to the statement of the victim, prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 18.8.2020 and he has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Arvind 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.1.2021 KU