Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28151 of 2018 Applicant :- Vikas @ Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 75 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Bankata, District Deoria with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix as per her medical report is 19 years of age though the first informant in order to falsely implicate in this case has alleged her age to be 16 years in the F.I.R. The victim in her statement u/s 164 Cr.P.C. has stated that she had gone with the applicant to Gorakhpur and when she came back she was arrested by the police at Barkata station. It is argued that in the statement she has not levelled any allegation of rape or kidnapping against the applicant. The applicant is in jail since 18.5.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Vikas @ Rahul involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.7.2018 Dhirendra/