Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2007 of 2019 Applicant :- Shaukin Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 17-18 years. In fact at the time of the alleged incident the victim was major and a consenting party. In her statement recorded under section 164 Cr.P.C the victim has stated that she had gone with the applicant and solemnized her marriage with the applicant on her own sweet will at Hyderabad. The victim remained with the applicant for about seven days at different places but during this she did not make any hue and cry. In fact, there was love affair in between the applicant and victim. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. No offence is made out against the applicant. There is no criminal history of the applicant and is in jail since 24.10.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shaukin involved in Case Crime No. 1186 of 2018, under Sections 363, 376 (3) IPC and 4 POCSO Act, P.S. Khurja Nagar, District Bulandshahar 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019/A.