Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33848 of 2019 Applicant :- Sudhir Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Radhey Shyam Yadav, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.69 of 2019, under Sections 363, 376, IPC, and Section 3/4 of the Protection of Children From Sexual Offences Act, Police Station Kamalganj, District Farrukhabad.
The contention of the leaned counsel appearing for the applicant is that as per the FIR itself the age of the girl is 18 years. The further contention is that the she has solemnized marriage with applicant and the marriage is registered, the certificate of registration of marriage is annexed on page no.23 of the affidavit filed in support of the bail application. Much reliance has been placed on the statements of the girl recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. copy of which are annexed on page nos. 24 and 30 of the affidavit filed in support of the bail application. The contents of which is self explicit. It has further been contended that the applicant has been falsely implicated in the present case by the father of the girl. The applicant is in jail since 05.07.2019, with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Sudhir involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. sel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019/VKG