Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35977 of 2018 Applicant :- Gulfam Opposite Party :- State Of U.P.
Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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. 139/2018, u/s 363, 366, 376(D) IPC and 5(g)/6 of POCSO Act, P.S.
Partapur, District Meerut with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per the statement of the victim u/s 161 and 164 Cr.P.C. she had gone with the applicant of her own free will and had also solemnized court marriage with him, she has also expressed her desire of staying with the applicant. He further submits that the prosecutrix refused for medical examination as endorsed by the doctor in the medico legal examination report annexed as annexure-7 to the affidavit.
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 Gulfam 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 :- 25.9.2018 Dhirendra/