Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42190 of 2017 Applicant :- Satna Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ramesh Kumar Chaurasia, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.470 of 2017, under Sections 376, 506 IPC and 3/4 POCSO Act, Police Station Sikandarpur, District Ballia, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The prosecution version is that the victim was sleeping on the terrace of her house. The applicant is stated to have reached there and committed rape on the victim. In the statement under Section 164 Cr.P.C., she has stated that besides the applicant there was one other unknown miscreant also raped her. It is argued that the victim was medically examined next day, however, no external or internal injury on her body was noted. The applicant is languishing in jail since 27.6.2017 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Satna, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.8.2018 Hasnain