Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11380 of 2018 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 13.12.2017 by the informant against two accused persons namely, Sandeep Kumar and Kanhaiyalal alleging that on 8.12.2017 they kidnapped the daughter of complainant Surendra Kumar and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix nothing stated the applicant. Applicant has done nothing wrong with her. She has also stated that co-accused Rinku has forcibly made rape with her. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 17.12.2017 (more than three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Sandeep Kumar involved in the Case Crime No. 384 of 2017, under Sections 363, 366 IPC and Section 7/8 POCSO Act, P.S. Sehara Mau North, District Pilibhit 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 :- 29.3.2018 A. Singh