Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9745 of 2017 Applicant :- Lakha @ Laka Maurya @ Virbahadur Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Pandey,Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.,Ajit Manit Tripathi,Kamlesh Kumar Tiwari
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 390 of 2015, under Sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, P.S. Bansdih, District Ballia. The first bail application of the applicant was dismissed for want of prosecution vide order of this Court dated 1.3.2017 passed in crl. misc. bail application no. 7315 of 2017. Hence, virtually this is the first bail application.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
It is contended that subsequent to the rejection of first bail application, the victim girl herself has been examined as PW2 during trial where she has denied the entire prosecution story and she has been declared as hostile, copy of the statement has been annexed with the supplementary affidavit. It is further informed that the victim has solemnized marriage with the applicant and she is living happily as wife with the applicant. It is lastly contended that the accused applicant is in jail since 25.12.2016 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 Lakha @ Laka Maurya @ Virbahadur Verma 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 :- 23.2.2018 Kuldeep