Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15565 of 2018 Applicant :- Dinesh Gond Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Dinesh Gond, who is involved in Case Crime No. 537 of 2017 under Sections 363 and 366 IPC and under Section 8 POCSO Act, Police Station Bansdeeh Road, District Ballia Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is submitted that as per the statement of the victim under Section 161 Cr.P.C. applicant and victim are still in love to each other and she left her house on her own sweet will, but in her statement recorded under Section 164 Cr.P.C. she changed her statement and this material contradiction itself create doubt to the prosecution story. It has next submitted that as per medical report, neither any internal nor any external injury was found on the body of the victim. It was also submitted that victim has voluntrily left her parental house again for which a criminal case in crime No.842 of 2017, under Sections 363, 366 and 376 IPC and under Section 3/4 POCSO Act was lodged against the applicant. In the aforesaid criminal case applicant was granted bail by this Court on 03.07.2018, photocopy of which has been produced during the arguments of this case, which is kept on record. It is lastly submitted that the applicant has no other criminal history and is in jail since 11.07.2017 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail on the ground of parity.
Let the applicant, Dinesh Gond, who is involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.7.2018 Pr/-