Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31419 of 2018 Applicant :- Sonu Raj Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Devesh Kumar Shukla, 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.479 of 2018, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, 2012, Police Station Nai Mandi, District Muzaffar Nagar, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case on the basis of suspicion. The victim has not alleged commission of rape or any kind of sexual assault in her statement before the Doctor soon after her recovery and also statement under Section 164 Cr.P.C. The Doctor has also opined that there are no sign of external or internal injury on the body of the prosecutrix. It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 30.5.2018 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 Sonu Raj, 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 :- 21.8.2018 Hasnain