Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11566 of 2018 Applicant :- Karan Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Nath Rai,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 3.12.2016 by the informant against one accused person namely, Mosim and one unknown person alleging that on 29.11.2016 they kidnapped the daughter (13 years of age) of Isarar and compelled her for marriage. She recovered on the same day.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Applicant was not named in the F.I.R. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix nothing stated against any accused persons; he has done nothing wrong with her. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 16.2.2018 (more than one and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Karan Rajpoot involved in the Case Crime No. 1006 of 2016, under Sections 363, 366-A, 511 IPC and Section 8 POCSO Act, P.S. Mahoba, District Mahoba 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 :- 30.3.2018 A. Singh