Saurabh Vs State of U.P.

Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7225 of 2018

Applicant :- Saurabh Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Singh Sengar,Ansar Ahmad 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 Km Meena learned AGA for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 888 of 2017 u/s 376 IPC and 3/4 POCSO Act PS Auraiya District Auraiya

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Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Much reliance has been placed on the statement of the victim recorded under Section 164 CrPC, copy of which has been annexed at page 40, wherein she does not name the applicant. Further contention is that thereafter the girl/victim has been examined as PW-1 in Special Case No.76P of 2017 and she has been declared as hostile, copy of her statement has been annexed as Annexure-SA-1 to the supplementary affidavit dated 22.4.2019. Contention is that applicant is in jail since 10.10.2017 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 Saurabh 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 :- 15.5.2019 SP

Saurabh v. State of U.P.

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Saurabh v. State of U.P.

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