Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34002 of 2019 Applicant :- Badal Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Ms. Sanyukta Singh, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.0391 of 2018 u/s 363, 376 IPC and 3/4 POCSO Act PS Khoda District Ghaziabad.
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 FIR itself the girl is 17 years of age, even as per the medical also she is 17 years of age. Reliance has been placed on the statement of the girl under Section 164 CrPC, contents of which are self explicit and which shows that the girl had gone with the applicant of her own sweet will. Contention is that applicant is in jail since 13.6.2018 with no criminal history 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 Badal 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