Allowed
Devraj @ Ganesh v. State of U.P.
Allahabad HCBAIL/28931/2018
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28931 of 2018
Applicant :- Devraj @ Ganesh Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Deepak Kumar Tripathi, 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.137 of 2018, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act 2012, Police Station Mehdawal, District Sant Kabir Nagar, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the victim is aged about 22 years as per school record. In the statement recorded under Section 164 Cr.P.C., she has stated that she travelled with the applicant to Ghaziabad, Lucknow then Delhi and Chandigarh and then came back after about 28 days of the incident. There is no averment that at any point of time she raised any alarm when she was allegedly been taken by the applicant to different places. It is argued that the first information report was lodged after 29 days of the incident when she came back. Lastly, it is submitted that the applicant is languishing in jail since 1.6.2018 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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 Devraj @ Ganesh, 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 :- 5.9.2018 Hasnain
3 provisions across 3 enactments
Devraj @ Ganesh
State Of U.P.
Rajul Bhargava
As recorded by the court registry
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