Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28442 of 2018 Applicant :- Virendra Kumar Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kedar Nath Mishra, learned counsel for the applicant, 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.62 of 2018, under Sections 363, 366, 376 IPC and 5J(2)6 of POCSO Act, Police Station Salempur, District Deoria, with the prayer to release him on bail.
Learned counsel for the applicant states that based on the suspicion, the applicant was nominated by the first informant in the first information report lodged after one month and seven days of the elopement of his daughter with the applicant. He further submitted that in the statement recorded under Section 164 Cr.P.C., prosecutrix has disclosed her age to be 19 years and she was deep love with the applicant and have eloped with him voluntarily. She has also performed marriage with the applicant and wants to live with him.
Per contra, learned AGA vehemently opposed the bail and submitted that as per the High School mark sheet, she is aged about 17 years. However, he could not dispute that the prosecutrix has admitted to have married with the applicant of her own free will.
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 Virendra Kumar Prajapati, 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 :- 31.7.2018 Hasnain