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Vikki Pahalwan vs State Of U P

High Court Of Judicature at Allahabad|22 February, 2018
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49000 of 2017 Applicant :- Vikki Pahalwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Mani Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present second bail application has been filed by the applicant in case crime No.125/2016 under Sections363, 366, 376, IPC & 4 of POCSO Act police station Qilla, District Bareilly with the prayer to enlarge the applicant on bail. The first bail application was rejected by this Court vide order dated 12.5.2017.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that subsequent to the rejection of the first bail application, victim has been examined as PW-1and she has not supported the case of the prosecution and she has been declared as hostile; the applicant is in jail since 29.5.2016 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
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 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 Vikki Pahalwan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
Order Date :- 22.2.2018 Anand
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Title

Vikki Pahalwan vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 February, 2018
Judges
  • Vipin Sinha
Advocates
  • Ved Mani Sharma