Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27820 of 2016 Applicant :- Ankur Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Aadil Siddiqui,Rajesh Kumar Yadav,Ram Singh Yadav,Rohit Kumar Singh Counsel for Opposite Party :- G.A.,Rajendra Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Rohit Kumar Singh, Advocate for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 94 of 2016, under Sections 120-B, 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kundarki, District Moradabad.
3. It is stated that in the statement recorded under Section 164 Cr.P.C. victim has clearly stated that no wrong has been done with her except that she was taken by applicant by misguiding her. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 11.05.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ankur, involved in Case Crime No. 94 of 2016, under Sections 120B, 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kundarki, District Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 31.5.2019 AK