Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28317 of 2018 Applicant :- Sonu Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh 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. 203 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S.
Chiluatal, District Gorakhpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant was implicated based on the suspicion that he has kidnapped minor daughter of the informant, the prosecutrix was recovered during investigation, she has disclosed her age to be 17 years and as per the medical report based on the ossification test she is 18 years of age. Learned counsel has drawn attention of the Court to the statement of the prosecutrix u/s 164 Cr.P.C. in which she has admitted that she had eloped with the applicant on 20.5.2018 of her free will, she was having physical relation with him for a past one year and she herself had insisted for the applicant to elope her and she wants to marry him. The applicant is in jail since 25.5.2018.
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 Sonu Kumar 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 :- 31.7.2018 Dhirendra/