Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39024 of 2018 Applicant :- Amit Kumar @ Monu Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Uday Singh Patel,Dhirendra Mohan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The allegation in the FIR is that the applicant along with co- accused Ajay took away the victim, however, it has been pointed out that the applicant was arrested by the police from a house on being called by dialling the number 100. The victim is aged about 18 years as per the medical examination report.
Learned counsel for the applicant submits that the co-accused Swaraj @ Daroga has already been enlarged on bail by this Court vide order dated 4.7.2018. The case of the applicant is on a better footing than that of Swaraj @ Daroga and therefore, it is urged that the applicant be released on bail.
On the other hand learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Amit Kumar @ Monu Pal be released on bail in Case Crime No.80 of 2018, under Sections 363, 366, 376, I.P.C and Section 3/4 POCSO Act, Police Station Nawabganj, District Allahabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 12.10.2018 Arshad