Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48006 of 2017 Applicant :- Santosh @ Dipak Opposite Party :- State Of U.P. Counsel for Applicant :- Salma Bano 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. 227 of 2016, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Chopan, District Sonbhadra with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that in the statement u/s 164 Cr.P.C. the victim has stated that she had affair and physical relations with the applicant and has also conceived a child. She has also stated that she had performed court marriage with the applicant and has expressed her desire to stay with her husband and in-laws and does not want to go anywhere. She has disclosed her age to be 20 years before the Magistrate. The applicant is in jail since 12.6.2016.
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 Santosh @ Dipak 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 :- 24.8.2018 Dhirendra/