Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41342 of 2017 Applicant :- Deepak Kumar Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.,Vinod Kumar Kushwaha
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Pandey, learned counsel for the applicant, Sri Vinod Kumar Kushwaha, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.128 of 2017, under Sections 363, 366, 376(2) Jha IPC and 3/4 POCSO Act, Police Station Paschim Shareera, District Kaushambi, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that he is wholly innocent and has been falsely implicated in this case. It is argued that in the medical examination of the victim, no external or internal injury has been noted and her hymen was fond intact, therefore, the prosecution theory of gang rape by the applicant and co-accused is prima-facie not substantiated. Lastly, it is submitted that the applicant is languishing in jail since 4.6.2017 having no criminal antecedents.
Per contra, learned A.G.A. vehemently opposed the bail but could not dispute that the hymen of the victim was found entacked and no other injury on her private part.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Deepak Kumar Pandey, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 12.9.2018 Hasnain