Court allowed bail to Rinku in Criminal Misc. Bail Application No. 39085 of 2019 held implicated in offences under IPC sections 363,366,376,120B and POCSO.
Applicant released on bail on furnishing personal bond with two sureties, subject to conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39085 of 2019
Applicant :- Rinku Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ram Shish Ram,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Santosh Kumar Singh, Advocate has filed vakalatnama on behalf of opposite party no.2, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for opposite party no.2 and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. The FIR of the alleged incident was lodged against the applicant due to suspicion. In the statement of victim recorded under section 161 Cr.P.C. it has come that she had gone with one Munna and she remained with him. In her statement recorded under section 164 Cr.P.C the victim has stated that she loved Munna and she had gone with Munna on her own sweet will through her brother-in-law (applicant). She further stated that she has solemnized her marriage with Munna and one child was borne with their wedlock. It is further submitted that the victim in her statements recorded under sections 161 and 164 Cr.P.C. has not made any allegation of rape against the applicant. The applicant had not enticed away the victim and has not made any help in her enticeing away. The victim herself had gone with Munna and solemnized her marriage with him. In medical report, age of victim has been shown about 18 to 19. The applicant has no concern with alleged incident.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the first information report. The applicant has helped Munna in enticing away the victim. At the time of alleged incident the victim was minor. The applicant has committed the alleged offence.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Rinku involved in Case Crime No. 112 of 2018, under section 363, 366, 376, 120B IPC and 3/4 POCSO
Act , P.S. Jamaniya, District Ghazipur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.10.2019
PKC
1 issue framed by the court
Whether the applicant is entitled to bail under sections 363, 366, 376, 120B IPC and POCSO in a criminal offence.
State Of U.P.
Rinku
An Another
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
