Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24445 of 2016 Applicant :- Guru Charan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwani Kumar Rai,Syed Mohammad Abbas Abdy,Vibhuti Prasad Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 684 of 2013, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012 P.S. Ghosi, District-Mau, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the prosecutrix Raj Nandini as per her medical examination report is major and in her statement recorded under section 164 Cr.P.C., copy whereof has been brought on record Annexure No.7 to the affidavit accompanying the bail application, she has denied the prosecution case in its entirety and hence there is no likelihood of the applicant being convicted for the offence with which he has been charged. It is further submitted that the applicant who has no criminal antecedents to his credit and is in jail since 25.09.2015, is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. has vehemently opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Guru Charan 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 in Case Crime No. 684 of 2013, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012 P.S. Ghosi, District-Mau, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.7.2018 Praveen