Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28000 of 2018 Applicant :- Vivek Bind Alias Vikkey Opposite Party :- State Of U.P.
Counsel for Applicant :- Amarnath Tiwari,Girja Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amarnath Tiwari & Sri Girja Shanker Mishra, learned counsels 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.25 of 2018, under Sections 363, 366, 376, 120B IPC, 16/17 and 5/6 POCSO Act, Police Station Barsathi, District Jaunpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that there is no allegation of rape against the applicant. The prosecutrix stated her age to be 18 years and less than 4 months before the Magistrate. According to prosecution, the applicant and co-accused had facilitated the enticing of the prosecutrix. The prosecutrix has admitted that she had solemnized marriage with co-accused Komal, though she was against it. The case of applicant is distinguishable from that of Komal.
Per contra, learned AGA vehemently opposed the bail but could not dispute the aforesaid fact. However, he stated that the case of applicant is distinguishable from that of co-accused Komal.
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 Vivek Bind Alias Vikkey, 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 :- 27.7.2018 Hasnain