Court No. - 50
Case :- CRIMINAL APPEAL No. - 5287 of 2018 Appellant :- Bhorik Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Harindra Prasad,Ram Narain Counsel for Respondent :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Learned A.G.A. has filed counter affidavit today, taken on record.
As per office report dated 11.10.2018 notice has been served personally on respondent No. 02, yet no one has appeared on his behalf to oppose the bail prayer in the instant appeal.
Heard Sri Harindra Prasad, learned counsel for the appellant, learned AGA for the State and perused the record.
This appeal has been filed against judgement and order dated 4.9.2018 passed by learned Additional Sessions Judge, Court No. 1, Ghazipur passed in Bail Application No. 178 of 2018, arising out of Case Crime No. 108 of 2018, under Sections 354-B, 504, 506 IPC, section 7/8 POCSO Act and section 3(2)5a SC/ST Act, P.S. Bhanwarkol, District Ghazipur, by which bail plea of appellant has been rejected.
Learned counsel for the appellant submitted that order of the learned court below rejecting bail application of applicant-appellant is bad in law. It is further submitted that the appellant has been falsely implicated on account of the village partibandi. Learned counsel for the appellant further submitted that the present appellant is student of B.A. but learned court below has also failed to consider that appellant has no criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Thus the appellant, who is in jail since 5.8.2018 deserves to be released on bail.
Learned AGA has vehemently opposed the bail prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against appellant and evidence in support of it and unlikelihood of conclusion of trial in near future, I find that a case for bail has been made out.
In the result, appeal is allowed. The 4.9.2018 passed by learned Additional Sessions Judge, Court No. 1, Ghazipur passed in Bail Application No. 178 of 2018, arising out of Case Crime No. 108 of 2018, under Sections 354- B, 504, 506 IPC, section 7/8 POCSO Act and section 3(2)5a SC/ST Act, P.S. Bhanwarkol, District Ghazipur is set aside.
Let appellant-applicant Bhorik Yadav be released on bail in aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
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 :- 29.10.2018 RPD