Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34006 of 2019 Applicant :- Ashok Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satendra Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri V.K. Pandey, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 187 of 2019 u/s 363, 366, 376 IPC and 3/4 POCSO Act PS Tappal district Aligarh.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further contention is that as per the medical the girl is 18 years of age and she was in consensual relationship with the applicant. Reliance has been placed on the statement of the girl under Section 161 CrPC (page 31) and statement under Section 164 CrPc (page 34), contents of which are self explicit. Contention is that the girl has stated in her statement under Section 164 CrPC that she has gone with the applicant of her own sweet will after taking money from the house. Contention is that applicant is in jail since 16.5.2019 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 Ashok 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