Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11608 of 2018 Applicant :- Vishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 16.9.2017 by the informant against four accused persons namely, Chandrabhan, Vishal, Dilip, Sachin alleging that on 8.9.2017 they kidnapped the daughter (15 years of age) of Babulal and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major and aged about 19 years. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix nothing stated against any accused persons. She has also stated that she got married with Vishal and living as husband and wife. No one has kidnapped her. In case the applicant is released on bail, he will not misuse the liberty of bail; he is languishing in jail since 27.10.2017 (more than five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Vishal involved in the Case Crime No.
196 of 2017, under Sections 363, 366 323, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Lar, District Deoria be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.3.2018 A. Singh