Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28049 of 2018 Applicant :- Mohit Sagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.305 of 2017, under Sections 363, 366, 376 IPC and 4 POCSO Act, Police Station Qila, District Bareilly, with the prayer to release him on bail.
It is contended by learned counsel for the applicant that the applicant was falsely implicated based on suspicion by the father of the victim on 18.8.2017 regarding the alleged kidnapping which is stated to have taken place on 14.8.2017. It it next contended that the prosecutrix in her statement before the Magistrate has admitted that she has solemnized marriage with the applicant and had left her home of her own free will. The marriage certificate of the victim with the applicant has also been annexed along with the affidavit. The argument is that prima facie offence under Sections 363, 366, 376 IPC and 4 of POCSO Act is not made out. The applicant is languishing in jail since 10.4.2018 having no criminal antecedents to his credit.
Per contra, learned AGA vehemently opposed the bail but could not dispute the statement of prosecutrix in which she has admitted to have solemnized marriage with the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Mohit Sagar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.7.2018/Hasnain