Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45602 of 2018 Applicant :- Awdhesh Kharwar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Awadhesh Kharwar and Dabloo Rajbhar seeks bail in Case Crime No. 150 of 2018, under Sections 363, 120-B IPC, P.S. Sukhpura, District- Ballia.
Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that applicants are not named in the first information report and their names for the first time has surfaced in the statement of co-accused Gudiya Yadav @ Mamta Chauhan from whose possession the child has been recovered and she has stated that at the instigation of applicants she has committed the said offence however there is no corroborative evidence to this effect. Lastly, it is submitted that applicants are in jail since 17.9.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal history to their credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 17.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicants- Awadhesh Kharwar and Dabloo Rajbhar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 KU