Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49387 of 2018 Applicant :- Hari Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that in medical certificate the age of the victim has been shown about 20 years. At the time of alleged incident the Victim was major. The victim in her statement recorded under Section 161 and 164 Cr.P.C. stated that she has solemnized marriage with applicant in a temple. The victim in her statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. has stated that she had gone with applicant to Delhi on her own sweet will. The applicant has not enticed away her. The victim in her statement recorded under Sections 161Cr.P.C. and 164 Cr.P.C. has not made any allegation against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and he is in jail since 31.5.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Hari Lal involved in Case Crime No.408/2017, under Section 363, 366, 376 IPC 3/4 POCSO Act, Police Station Brajmanganj, District Maharajganj, 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Ashutosh Pandey