Rajendra vs State Of U.P.
2018 Latest Caselaw 1410 ALL

Citation : 2018 Latest Caselaw 1410 ALL
Judgement Date : 6 July, 2018

Allahabad High Court

Rajendra vs State Of U.P. on 6 July, 2018

Bench: Bala Krishna Narayana




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29554 of 2016
 

 
Applicant :- Rajendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjive Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

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

By means of this application, the applicant who is involved in Case Crime No. 682 of 2014, under Section 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S.- Civil Lines, District- Budaun, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that the prosecutrix Smt. Reena, who as per her medical examination report is aged about 18 years, has in her statement recorded u/s 164 Cr.P.C. totally denied the prosecution case and has stated that she had left her parental home on her own accord with the applicant and solemnized marriage with him voluntarily. In view of the above, the applicant who has no criminal antecedents to his credit and is in jail since 31.03.2016 is entitled to be enlarged on bail.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Rajendra 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 in Case Crime No. 682 of 2014, under Section 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S.- Civil Lines, District- Budaun, subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 6.7.2018