Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16248 of 2016 Applicant :- Atar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Prasad Mishra,Neeraj Dwivedi,Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 31 of 2016, under Section 363, 342, 376D, 506 I.P.C. and 3/4 POCSO Act, P.S.- Adampur, District- J.P. Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per her medical examination report, the prosecutrix Geeta was major on the date of the incident. He further submitted that although she had left her parental home on her own accord and lived with the applicant for six days whereafter her father caught her and under the pressure of her parents, she supported the prosecution case in her statement recorded u/s 164 Cr.P.C. although from the tenor of the facts deposed by her in her statement, it is apparent that she was a consenting party. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 01.03.2016 is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Atar Singh 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 in Case Crime No. 31 of 2016, under Section 363, 342, 376D, 506 I.P.C. and 3/4 POCSO Act, P.S.- Adampur, District- J.P. Nagar, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.3.2018 KS