Court granted bail to the applicant in a case under Sections 363, 366, 376 IPC and POCSO Act. The court relied on the victim's statement but did not form an opinion on merits.
Release on bail by personal bond and two sureties with conditions against tampering with evidence and intimidating witnesses.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33938 of 2018
Applicant :- Sonu Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaiya Ghanshyam 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. 0078 of 2018, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Rewati, 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. As per her statement u/s 164 Cr.P.C., she has stated that she knew the applicant for quite sometime, she had gone with him of her own consent, he did not commit any wrong with her. It is argued that in view of the statement of the victim prima facie no offence u/s 376 IPC is made out.
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 Sonu 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 :- 11.9.2018
Dhirendra/
1 issue framed by the court
Whether to grant bail to the applicant in a case involving Sections 363, 366, 376 IPC and POCSO Act.
Sonu Rajbhar
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
