Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24951 of 2019 Applicant :- Pappu Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pappu Srivastava seeking bail in Case Crime No. 183 of 2019, under Section 368 IPC and Section 17 POCSO Act, Police Station Baradari, District Bareilly.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He further submitted that the present accused is the father of the main accused Akanshu who has enticed away the victim. He further submitted that as per medical, the age of the victim is 19 years. He further submitted that the victim was in a consensual relationship with the co-accused Akanshu. He further submitted that the victim has not supported the prosecution version in her statement recorded under Section 161 Cr.P.C., copy whereof has been annexed on page 22 of the application. He further submitted that the applicant is in jail since 25.2.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pappu Srivastava 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 20.6.2019 Mini