Girijesh vs State Of U.P.
2016 Latest Caselaw 6592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35694 of 2016
 
Applicant :- Girijesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kamlesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for State.

Applicant has moved the present bail application under Section 439 of Cr.P.C seeking bail in Case Crime No. 78 of 2016, under Sections 363 & 366 I.P.C,  Police Station - Harpur Budhat, District - Gorakhpur.

It has been contended by learned counsel for the applicant that the applicant has falsely been implicated in the present case. The reliance has been placed on the statement of the victim - Tarannum recorded under Section 161 of Cr.P.C, which is annexed as annexure no. 3 to the present bail application. A certified copy of the statement of the other girl has been annexed, which shows that on their own choice they fled away and the applicant has falsely been implicated by the family members of the victim. It has been next contended that in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant are in jail since 09.09.2016.

Learned A.G.A. has opposed the prayer for bail.

After due consideration of the material evidence on record and without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicants on bail.

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

Let the applicant - Girijesh involved in Case Crime No. 78 of 2016, under Sections 363 & 366 I.P.C, Police Station - Harpur Budhat, District - Gorakhpur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

Order Date :- 20.10.2016.

Vinod.