Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34013 of 2019 Applicant :- Bhure Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 273 of 2018, under Sections 363, 366, 328, 376 I.P.C. and section 3/4 POCSO Act, P.S. Jaitipur, District Shahjahanpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the father of the girl has solmnized the marriage of the girl with somebody else with regard to which a marriage card has been annexed with the bail application; the girl is an adult and now she living happily with somebody else; the girl was in a consensual relationship with the applicant as it is evident from her statement recorded under Section 161 Cr.P.C.; medical examination report does not support the case of the prosecution; the opinion of the doctor is that there are no signs of suggestive of penetration of vagina. It is lastly contended that the accused applicant is in jail since 30.11.2018 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, 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 Bhure 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 Kuldeep