Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18973 of 2017 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Kumar Sahu,Akhilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vineet Kumar Sahu, 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. 595 of 2017, u/s 363, 366, 376 IPC read with section 3/4 POCSO Act, P.S. Vijay Nagar, District Ghaziabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. Infact the prosecutrix is major girl and as per the medical report her age was determined about 18 years. He further submitted that during trial, prosecutrix has been examined as PW-1 and in her examination in chief itself she has submitted that the applicant has not committed any rape on her. Certified copy of the statement has been filed along with rejoinder affidavit. It is next contended that in the medical report, doctor has also not opined any commission of rape on the prosecutrix. The applicant is in jail since 30.3.2017.
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 Deepak 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 :- 24.4.2018 Dhirendra/