Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8166 of 2019 Applicant :- Vijay Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vijay Jaiswal has prayed to release him on bail in Case Crime No. 328 of 2018, u/s 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Ghughuli, District Maharajganj.
Heard learned counsel for the applicant and Sri Ajeet Ray, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this case. In the statement recorded u/s 161 Cr.P.C. the prosecutrix has stated that she was neither enticed away by any one nor any untoward had happened with her. In the statement u/s 164 Cr.P.C. she has stated her age to be 18 years. She had gone with the applicant upon her own volition, she performed marriage with the applicant and there was consensual relationship between them. Hence bail has been prayed for.
Learned AGA has opposed the bail application..
Under above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vijay Jaiswal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.2.2019 Pcl