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2018 DIGILAW 1934 (ALL)

Amarjeet v. State of U. P.

2018-09-06

IFAQAT ALI KHAN, VIPIN SINHA

body2018
JUDGMENT : 1. Heard Shri Vijit Saxena holding brief of Shri Kamal Dev Pandey, learned Counsel for the appellant/applicant, Shri Vinay Kumar Singh, learned Counsel for the respondents and Shri Patanjali Mishra, learned AGA. This is the second bail application moved on behalf of applicant in Special Sessions Trial No. 41 of 2015, State of U.P. vs. Amarjeet arising out of Case Crime No. 598 of 2015, under sections 363, 366 and 376 IPC and section 3/4 POCSO Act, 2012, Police Station Rasda, District Ballia. The first bail application was rejected by this Curt for want of prosecution vide order dated 5.3.2018 passed by this Court. 2. Contention in the Second Bail Application is that during trial applicant was on bail which liberty has not been abused or misused by him. He has got no previous criminal history. The applicant is in jail since 22.9.2017. He has been falsely implicated in the present case. After solemnizing their marriage the girl and applicant had approached to this Court twice and she has made statement before this Court in writ proceedings. It is further submitted that even in the statement recorded under section 164, Cr.P.C. the girl has given statement in favour of the appellant. Even as per medical report, the age of the girl is more than 18 years. 3. The prayer for bail has vehemently been opposed by learned A.G.A. and learned Counsel for the complainant. 4. Considering the submissions made by learned Counsel for the applicant as well as learned A.G.A., and learned Counsel for the complainant, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail. 5. The prayer for bail is granted. The application is allowed. 6. Let the applicant Amarjeet convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of Court concerned. 7. On acceptance of bail bond and personal bond, the Lower Court shall transmit photostat copies thereof to this Court for being kept on the record. 8. Fine as imposed by the Court below concerned is stayed.