Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5480 of 2016 Applicant :- Shivam Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Uma Nath Pandey,Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submitted that the victim was a friend of the sister of the applicant and they used to visit each others house. He further stated that the prosecutrix in her statement recorded under Section 164 CrPC has, inter alia, stated that she wants to get married with the applicant but he is refusing to marry her. According to medical report, the victim was aged about 18 years and no injury either on her person or private parts was found. Apart form it, in the medical examination report, no definite opinion about rape has been given by the doctor. The applicant himself is aged about 23 years and has no criminal history. He is in jail since 18.12.2015.
Learned AGA has opposed the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Shivam Shukla involved in Case Crime No. 430 of 2015, under Sections 323, 376 I.P.C. and 3/4 POCSO Act, P.S. Bithoor, District Kanpur Nagar 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.
Order Date :- 30.3.2018 vinay