Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34004 of 2019 Applicant :- Sefli @ Thakuri Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Rajesh Mishra, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 1358 of 2017 (SST No.86 of 2018) u/s 363, 366, 376 IPC and 3/4 POCSO Act PS Kotwali Kannauj district Kannauj.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further contention is that as per the medical the girl is above 17 years and below 18 of age. Reliance has been placed on the statement of the girl which is at page 50, contents of which are self explicit. Reliance has also been placed on the statement of the father of the girl (page no.57). It may be noted that the father of the girl has been examined as PW-1 and he has been declared as hostile. Contention is that applicant is in jail since 8.7.2018 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Sefli @ Thakuri involved in the aforesaid case crime number 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.
Order Date :- 22.8.2019 SP