Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17863 of 2019 Applicant :- Amit Sahani Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Shailesh Kumar Yadav,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.,Anand Kumar,Sanjay Kumar Singh
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Mithlesh Kumar, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to set-aside the order dated 07.04.2018 passed by the learned Additional Sessions Judge/ Special Judge (POCSO Act), Court No.9, Gorakhpur in bail application No. 866 of 2018, Case Crime No. 572 of 2017, under Sections 376, 354, 323, 504, 306/34, IPC and Section 3(2)(V) of SC/ST Act, and 3/4 POCSO Act, Police Station Badhalganj, District Gorakhpur.
The counsel for the applicant has claiming parity of the applicant from co- accused Arjun Shahni, who has been granted bail by another Bench of this Court by means of an elaborate and reasoned order dated 29.01.2019, passed in Criminal Misc. Bail Application No.2320 of 2019. The copy of the order has been produced by the counsel for the applicant is taken on record.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, 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 Amit Sahani 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/VKG