Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33993 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.26 of 2019 u/s 363, 366, 507, 376 IPC and 3/4 POCSO Act PS Pipiganj District Gorakhpur.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further contention is that as per the medical the girl is 18 years of age and she was in consensual relationship with the applicant. Reliance has been placed on the statement of the girl under Section 164 CrPC wherein she has stated that she has solemnized marriage with the applicant and she is also carrying pregnancy of about six months as on date. Contention is that applicant is in jail since 20.3.2019 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, 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 Dharmendra 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 SP