Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35792 of 2018 Applicant :- Rafat @ Rafakat Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 207 of 2016, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S.
Mujariya, District Budaun with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the victim is a major girl aged about 19 years. In the statement u/s 164 Cr.P.C. she has stated that she had solemnized marriage with the applicant and is also carrying pregnancy of about seven months. Learned counsel states that from the tenor of the statement of the victim u/s 161 and 164 Cr.P.C. it appears that she was having consensual relation with the applicant and prima facie no offence u/s 376 IPC is made out. The applicant is in jail since 22.5.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Rafat @ Rafakat involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 Dhirendra/