Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3269 of 2019 Applicant :- Atul Nai Opposite Party :- State Of U.P.
Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.,Virendra Kumar Gupta
Hon'ble Vikram Nath,J.
Heard Ms. Priyanka Devi, learned counsel for the applicant, Sri Vikas Rana, learned Brief Holder for the State and Sri Virendra Kumar Gupta, learned counsel appearing for the informant.
Learned counsel for the applicant submitted that applicant is in jail since 02.12.2018 and has no criminal antecedents which fact is not disputed by the learned counsel for the opposite parties. It is next submitted that applicant has been falsely implicated on account of village party bandi and that he has not committed any offence. It is also submitted that FIR has been lodged after delay of seven days for which no explanation has been given.
Without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Atul Nai, be released on bail in Case Crime No.284 of 2018, under Sections 354, 506 IPC and Section 8 of POCSO Act, and 3(1)(1)B, 3(1)da, 3(1)dha, 3(2)(5A) SC/ST Act, P.S.-Kabarai, District-Mahoba, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 31.5.2019 Ashutosh [Vikram Nath, J.]