Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28146 of 2018 Applicant :- Basant Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajneesh Pratap Singh Counsel for Opposite Party :- G.A.,Munish Ranjan Tiwari
Hon'ble Rajul Bhargava,J.
Heard Sri Rajneesh Pratap Singh, learned counsel for the applicant, Sri Munish Ranjan Tiwari, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 537 of 2017, u/s 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Bairiya, District Ballia with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix as per the medical report is more than 18 years of age. Infact the alleged victim herself had gone with him of her free will and had also solemnized marriage in Ballia, it was not liked by her father due to which the applicant has been falsely nominated, the prosecutrix in her statement u/s 164 Cr.P.C. has admitted to have married with the applicant and has not levelled any allegation of sexual assault on her.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Basant Yadav involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.7.2018 Dhirendra/