Sheshnath Goand Vs State of U.P.

Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15870 of 2019

Applicant :- Sheshnath Goand Opposite Party :- State Of U.P. Counsel for Applicant :- Rishikesh Pati Tripathi,Suresh Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 191 of 2018 u/s 363, 366, 376 IPC and Section 3/4 POCSO Act PS Baghauchghat District Deoria.

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Contention of the learned counsel for the applicant is that subsequent to the lodging of the impugned FIR, an FIR has also been lodged with similar allegations, which was challenged before this Court by means of filing Criminal Misc. Writ Petition No.13496 of 2019 in which the said FIR i.e. the FIR registered as Case Crime No.0046 of 2019 under Sections 363, 366, 120B, 506 IPC was quashed vide order dated 20.5.2019. Even otherwise in the present case also the affidavit filed in support of the bail application is that of victim herself. Contention is that applicant is in jail since 15.2.2019 and in case he is released on bail, he will not misuse the said liberty.

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Learned AGA has opposed the bail application of the applicant.

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In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Sheshnath Goand involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 3.7.2019 SP

Sheshnath Goand v. State of U.P.

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Sheshnath Goand v. State of U.P.

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