Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7861 of 2018 Applicant :- Gopal Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuraj Singh,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Raghuraj Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that first information report of incident has been lodged under order of the court passed under Section 156 (3) Cr.P.C. Further submission is that applicant did not entice away the victim. As a matter of fact, victim had an affair with brother of applicant and gone with him and solemnized marriage also. It is further submitted that applicant has been implicated on account of having assisted his brother in solemnizing his marriage. It is further submitted that brother of applicant Awanish Kumar Pandey, who is co- accused, has been granted bail by another Bench of this Court vide order dated 21.8.2017 in Criminal Misc. Bail Application No.13719 of 2016 and case of the applicant being on better footing, he is also entitled for bail. Further submission is that applicant is in jail since 18.1.2018 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit of the case, I find it to be a case of bail.
Let applicant- Gopal Pandey be released on bail in Case Crime No. 07 of 2017, under Sections 342, 323, 506, 376, IPC & Section 3/4 Protection of Children from Sexual Offences Act, P.S.-Achhalda, District Auraiya, 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 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 will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 :- 27.2.2018 T. Sinha