Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34001 of 2019 Applicant :- Nazim Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri V.K. Pandey, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 995 of 2018 u/s 366, 376 IPC PS Izzatnagar District Bareilly.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further contention is that as per the medical the girl is 19 years of age. Contention is that with regard to alleged incident dated 10.8.2018, an FIR has been lodged on 7.10.2018 after two months of the incident. There are vast contradictions in the statement of the girl under Sections 161 and 164 CrPC. Contention is that applicant is in jail since 15.1.2019 with no criminal history 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 Nazim 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 :- 22.8.2019 SP