Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 48 of 2016, under Sections 363, 366 IPC and Section 16/17 POSCO Act, police station Brijmanganj, District Maharajganj with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is also contended that the age of the victim as per medical report is about 20 years and as per school certificate is about 17 and half years. A reliance has also been placed upon the statements of the victim recorded under Section 161 and 164 Cr.P.C. It is next contended that the applicant has no previous criminal history. It is lastly contended that the applicant is in jail since 1.2.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
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 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 Nasim Urf Badku involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
Order Date :- 20.4.2016 Anand