Vasudev vs The State Of U.P.
2015 Latest Caselaw 3119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9134 of 2015
 

 
Applicant :- Vasudev
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Sultan Hasan Ibrahim,Kazim Ibrahim
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 18 years. In fact at the time of the alleged incident the victim was major and a consenting party with co-accused Ajai . It has further been submitted that the victim remained with co-accused Ajai for about five months at different places and she has solemnized her marriage with co-accused Ajai. It has further been submitted that  a child has also been born from the wedlock of victim and co-accused Ajai. The applicant has no concern with the alleged offence.  False allegation has been made against the applicant.  There is no criminal history of the applicant and is in jail since 27.7.2015.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Vasudev involved in Case Crime No. 1371 of 2014, under Sections  363, 366, 376  IPC and 3/4 POCSO Act, and 3 (2) (V) SC/ST Act,   P.S. Deeh,  District  Rai Bareli 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:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 13.10.2015

A.