Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33624 of 2019 Applicant :- Anup Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Bhaskar,Reeta Rani Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri D.K. Bhaskar, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant has submitted that accused- applicant has been falsely implicated. He further submitted that the main accused against whom charge-sheet under section 376 IPC and 3/4 POCSO Act has been submitted by the police has been released on bail by another Bench of this Court vide order dated 13.12.2017 in Criminal Misc. Bail Application No. 45538 of 2017, in view of this, applicant is also entitled for bail. He has further submitted that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 25.05.2019 and undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused in the offence, grant of bail to co-accused as well as totality of facts and circumstances and without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Anup Singh be released on bail in Case Crime No. 1363 of 2016, under Sections 363, 366, 368 I.P.C., P.S. Vijay Nagar, District Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Bhanu