Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37966 of 2016 Applicant :- Bholu Rawat @ Uma Shankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Durga Tiwari Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed in the Court today, is kept on record.
This is the third bail application moved on behalf of the applicant for being enlarged on bail. The first and second bail applications moved on behalf of the applicant being Criminal Misc. Bail Application Nos. 9765 of 2013 and 21385 of 2014 vide were rejected vide orders dated 9.12.2013 and 27.9.2016 respectively by Hon'ble Virendra Vikram Singh and Hon'ble Mohd. Tahir, JJ, as their Lordships, then were.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 41 of 2012, under Sections-363, 366, 376, 504, 506 and 342 IPC, P. S.-Urua, district-Gorakhpur and is in jail since 18.9.2012, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the prosecutrix in her statement recorded before the trial court has after deposing that she was major on the date of occurrence, has totally failed to support the prosecution case, as spelt out in the F. I. R. Copy of the statement of the prosecutrix recorded before the trial court has been brought on record as Annexure SA 3 to the supplementary affidavit. He has further submitted that in view of the above, there is no likelihood of the applicant's being convicted for the offence with which he has been charged. He has lastly submitted that since the applicant, who is in jail since 18.9.2012 and has no criminal antecedents to his credit, is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Bholu Rawat alias Uma Shankar be released on bail in Case Crime No. 41 of 2012, under Sections-363, 366, 376, 504, 506 and 342 IPC, P. S.-Urua, district-Gorakhpur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.3.2018 HR