Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33067 of 2018 Applicant :- Pankaj Pandey @ Pramod Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Nagesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 0090 of 2018 u/s 363, 366, 376, 506 IPC, Section 3/4 POCSO Act and 3(2) 5Ka SC/ST Act PS Gyanpur District Bhadohi.
Contention of the learned counsel for the applicant is that applicant has been falsely implicated in the present case. Though the applicant has been named in the FIR but as per the statement made before the doctor by the girl herself, it appears that she was in consensual relationship with the applicant. Contention is that as per the medical examination the age of the girl is 19-20 years. Much reliance has been placed on the statement of the girl recorded u/s 164 Cr.P.C. which also shows that girl was in consensual relationship with the applicant. Further contention is that applicant is in jail since 15.5.2018 and in case he is released on bail, he will nt misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22, 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 Pankaj Pandey @ Pramod Pandey 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.8.2018 SP