Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17414 of 2016 Applicant :- Rahul Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey,Ajeet Kumar Yadav,Harikrishna Rajesh,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 783 of 2014, under Section 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, 2012, P.S.- Ghosi, District- Mau, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that prosecutrix Anjali has failed to support the prosecution case as spelt out in the F.I.R. in her statement recorded u/s 164 Cr.P.C., copy whereof has been brought on record as Annexure No. 4 to the affidavit accompanying the bail application and deposed that she had left her parental home on her own accord and solemnized marriage with the applicant voluntarily in a temple and had thereafter started living with him as his wife. He next submitted that in view of the above, the applicant who has no criminal antecedents to his credit and is in jail since 20.03.2016, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Rahul Chauhan 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 in Case Crime No. 783 of 2014, under Section 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, 2012, P.S.- Ghosi, District- Mau, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.3.2018 KS