Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32032 of 2018 Applicant :- Dayaram And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Dayaram and Bihari in Case Crime No.852 of 2016, under Sections 376, 420, 406, 504, 506, 120-B I.P.C. and 63-64 of The Copyright Act, Police Station Kotwali Lalitpur, District-Lalitpur with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that both the victims are aged about 45 and 40 years. In the present case, the F.I.R. was registered on the order passed by learned Magistrate on 1.5.2016 regarding an alleged incident having taken place on 3.2.2016 on application moved under Section 156(3) Cr.P.C. by both the victims. After thorough investigation, final report was submitted in favour of the applicant and other co-accused as prima facie the involvement of accused could not be established. The victims filed protest petitions on which the applicants have been summoned to face trial. It is argued that in fact both the alleged victims are involved in flesh trade and its complaint was also made against the prosecutrix by the co-accused, Ashok, much before the registration of instant F.I.R. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Dayaram and Bihari be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.8.2018 MN/-