Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35782 of 2018 Applicant :- Bechu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar,Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 94 of 2018, u/s 363, 366, 376-D IPC and 3/4 POCSO Act, P.S. Purandpur, District Maharajganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is absolutely innocent and has been falsely implicated in this case as he is friend of main accused Vishal with whom the prosecutrix had some affair. According to F.I.R., the co-accused Vishal had committed rape on the prosecutrix and when the victim asked to marry her, he refused, on account of which the prosecutrix attempted to commit suicide before running train and she sustained injury. He next submitted that in the statement u/s 161 Cr.P.C. also there is no allegation of sexual assault by the applicant, however, in the statement u/s 164 Cr.P.C. she has stated that the applicant and co-accused Vishal had raped her. There are material contradictions in the statement u/s 161 and 164 Cr.P.C. so far as the applicant is concerned and it is stated that the case of the applicant is distinguishable from that of co-accused Vishal.
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 Bechu 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 :- 20.9.2018 Dhirendra/