Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33992 of 2019 Applicant :- Arvind Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Rajesh Mishra, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Special Sessions Trial No.92 of 2019, arising out of Case Crime No. 07 of 2019 u/s 376 IPC and 3/4 POCSO Act PS Kothibhar District Maharajganj.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Much reliance has been placed on the fact that victim herself has been examined as PW-1 and she has been declared as hostile. She has denied the entire prosecution story. Contention is that applicant is in jail since 18.1.2019 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Arvind Singh involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.8.2019 SP