Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33564 of 2018 Applicant :- Mukesh Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 02 of 2016 u/s 363, 366, 376 IPC and 3/4 POCSO Act PS Bankata District Deoria. The first bail application of the applicant was rejected vide order of this Court dated 28.3.2018.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
Contention of the learned counsel for the applicant is that subsequent to rejection of the first bail application the victim has been examined as PW-1 and she has been declared as hostile and she has not supported the prosecution case. Further contention is that the accused applicant is in jail since 3.4.2016 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 subsequent development and 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 Mukesh Kushwaha 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 :- 25.9.2018 SP