Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31420 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Kumar Singh, 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.367 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Gursarai, District Jhansi, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the victim as per Voter ID card is aged about 22 years. In her statement under Section 164 Cr.P.C., she has admitted that she has gone with the applicant of her own free will and she has also solemnized marriage with him and also carrying pregnancy. Learned counsel for the applicant further stated that consensual relations were established by the victim with the applicant of her free will of which prima-facie no offence under Section 376 IPC is made out. Lastly, it is submitted that the applicant is languishing in jail since 18.4.2018 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, 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