Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31126 of 2016 Applicant :- Chhotey Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Hari Pratap Gupta
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and Sri H.P. Gupta, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 77 of 2016, under Section 363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012, P.S.- Uruwa Bazar, District- Gorakhpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the prosecutrix Vijay Laxmi Singh is major and in her statement recorded under section 164 Cr.P.C., copy whereof has been brought on record as Annexure No. 6 to the affidavit accompanying the bail application, she has failed to support the prosecution case. In view of the above, there is no likelihood of the applicant being convicted for the offence with which he has been charged. It is further submitted that the applicant who has no criminal antecedents to his credit and is in jail since 28.05.2016, is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. and Sri H.P. Gupta, learned counsel for the informant have vehemently opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Chhotey Lal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 77 of 2016, under Section 363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012, P.S.- Uruwa Bazar, District- Gorakhpur,, subject to 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 :- 26.7.2018 Praveen