This judgment grants bail to the applicant, Shravan, accused under Sections 363, 366, 376 IPC and POCSO. The court ordered release on personal bond and two sureties subject to conditions against tampering with evidence and appearing in trial.
Released on bail with personal bond and two sureties upon furnishing bond to court concerned.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31401 of 2018
Applicant :- Shravan Opposite Party :- State Of U.P. Counsel for Applicant :- Bhagwan Dutt Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Bhagwan Dutt Pandey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Shravan in Case Crime No. 183 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police StationPharenda, District- Maharajganj with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. The victim as per her high school certificate is aged about 17 years. In her statement recorded under Section 164 Cr.P.C., she has stated that she had gone with the applicant of her own free will voluntarily. It is next contended that the father of the victim had refused for her external or internal medical examination on account of which it cannot be said that rape was committed by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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 advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Shravan 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:-
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 :- 21.8.2018 Vikas/-
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case involving Sections 363, 366, 376 IPC and POCSO.
Shravan
Rajul Bhargava
As recorded by the court registry
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