Disposing bail application in a rape case under IPC 376 and POCSO, court granted bail without expressing an opinion on merits, subject to standard conditions to witnesses and trial attendance.
Applicant released on bail upon furnishing personal bond and two sureties each, subject to conditions not to tamper with evidence or intimidate witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15538 of 2018
Applicant :- Appu Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh 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. 9 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Sikandarpur, District Ballia with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix is aged about 18 years as per medical report and from her statement u/s 164 Cr.P.C. she travelled with the applicant to Varanasi and then Bangalore by train and had admitted to have stayed together as husband and wife, in between the applicant and the prosecutrix established physical relation several times and she was kidnapped on allurement of getting service. It is argued that the prosecutrix is a consenting party. The medical report does not support the prosecution version of rape. The first information report was lodged after 19 days of her elopement with the applicant.
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 Appu Rajbhar 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 :- 2.8.2018 Dhirendra/
3 provisions across 3 enactments
Appu Rajbhar
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajul Bhargava
Parties & counsel
