Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25476 of 2018 Applicant :- Bauaa Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Pandey,Dhirendra Kumar Srivastava Counsel for Opposite Party :- A.G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Bauaa, in Case Crime No. 364 of 2017, under Sections- 363, 366, 376 (2) (Jha) I.P.C. and 3/4 POCSO Act, Police Station-Saini, District-Kaushambi.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.07.2017; he is of no criminal antecedents; prosecutrix as P.W.-2 and informant as P.W.-1, in their statements, before the trial Court, have not supported the case of prosecution; the offence of kidnapping or rape has specifically been denied, by both of them; other witness of fact have also not supported the case of prosecution; those testimonies has been filed by way of supplementary affidavit; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Bauaa, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Deepak/