Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32796 of 2021 Applicant :- Satish @ Gurucharan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar,Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that both the victim and the applicant got married, both are major and were staying at Chennai and they returned home during pandemic Covid-
19. One daughter was born out of their wedlock. The applicant was going to take medicine for his daughter when he was caught by the police. The deponent of the case is none other than the victim herself and she denied any offence having been committed against her. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 07.06.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Satish @ Gurucharan involved in Case Crime No.44 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Sayedraja, District Chandauli 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 :- 27.10.2021 rkg