Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33877 of 2019 Applicant :- Brajesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Janmed Kumar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.64 of 2019, under Sections 363, 376- D, IPC, Police Station Ghiror, District Mainpuri.
The contention of the leaned counsel appearing for the applicant is that as per the FIR itself the age of the girl is 20 years. It has further contended that the girl was in a consensual relationship with applicant, however, when some dispute arose between the parties with regard to solemnization of marriage, the present FIR has been lodged against the applicant. Much reliance has been placed upon the contradictions in the statements of the girl recorded under Section 161 Cr.P.C. and 164 Cr.P.C. The applicant is in jail since 18.02.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Brajesh Kumar 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/VKG