Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38357 of 2021 Applicant :- Ashoo Ashish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ravi Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Kumar Dwivedi, learned counsel for the applicant, Sri Ravi Pandey, learned counsel for the informant and Sri Vikas Goswami, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ashoo Ashish Kumar, with a prayer to release him on bail in Case Crime No.0017 of 2021, under Sections-323, 363, 376(D) I.P.C. and Section 3/4 of the Protection of Children From Sexual Offence Act & Section 3(2)5 of SC/ST Act, Police Station-Lodha, District-Aligarh , during pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Aakash has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.37468 of 2021, vide order dated 09.12.2021. For the reasons contained in that order, the present applicant is also entitled for bail. Further, it has been submitted that the applicant has no criminal history.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 S.Chaurasia