Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28083 of 2018 Applicant :- Babloo @ Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.102 of 2017, under Sections 363, 366, 376 IPC and 6 of POCSO Act, Police Station Kharela, District Mahoba, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated by the first informant for an ulterior motive. In fact, as per the statement of prosecutrix before the Magistrate, she disclosed her age to be 19 years and stated that her father had sold her some person for Rs.50,000/-. Thereafter, she went along with the applicant and solemnized marriage with him. She has admitted of having made sexual relations with the applicant with her consent. Lastly, it is submitted that the applicant is in jail since 14.4.2018.
Learned AGA opposed the bail but could not dispute the statement of prosecutrix recorded under Section 164 Cr.P.C. whereby it appears that she was a consenting party.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Babloo @ Rakesh, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.7.2018 Hasnain