Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31407 of 2018 Applicant :- Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Rathor Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Satya Prakash Rathor, learned counsel for the applicant, Sri Sushil Kumar Dubey, Advocate appearing on behalf of informant by filing Vakalatnama today, 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.80 of 2018, under Sections 363, 366, 376 IPC and 4 POCSO Act, Police Station Srinagar, District Mahoba, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the victim is aged about 17 years and in the statement under Section 164 Cr.P.C., she has stated that she had eloped with the applicant of her free will and she went along with him to Delhi and had stayed in a room and they also solemnized marriage in a Temple and now she wants to go with her husband. It is argued that prima-facie, no offence under Sections 363, 366, 376 IPC and 4 POCSO Act is made out. Lastly, it is stated that the applicant is languishing in jail since 18.7.2018 having no criminal antecedents.
Per contra, learned counsel for the informant Sri S.K. Dubey vehemently opposed the bail and sbmitted that the victim is less than 18 years of age. However, he does not dispute the statement of prosecutrix under Section 164 Cr.P.C.
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 Sunil, 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