Ghanshyam vs State Of U.P.
2016 Latest Caselaw 510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9339 of 2015
 

 
Applicant :- Ghanshyam
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ram Saran Awasthi,Dinesh Kr. Sharma,Sudhir Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Counter affidavit filed on behalf of State and rejoinder affidavit filed on behalf of applicant be taken on record.

Heard learned Counsel for the applicant, learned  A.G.A. 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 victim in her statements recorded under Sections 161 & 164 Cr.P.C. has stated that she has gone with applicant on her own sweet will. The victim remained with applicant about five days at Faizabad and Lucknow but during this period she did not make any hue and cry to save herself. It has further been submitted that in her statements recorded under Sections 161 & 164 Cr.P.C. the victim has stated that she had made physical relation with applicant on her own free will. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 03.07.2015.

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

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Ghanshyam involved in Case Crime No.123 of 2015, Under Sections  363, 366, 376 IPC and Section 3/4 of POCSO Act 2012, Police Station Dariyabad, District Barabanki, 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 evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate 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 be at liberty to  cancel the bail of the applicant.

Order Date :- 15.3.2016

Jitendra