Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27486 of 2017 Applicant :- Gujja @ Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari,Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Piyush Dubey, learned counsel for applicant and Sri Nikhil Chaturvedi, learned A.G.A.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.969 of 2015, under Sections 323/342/363/366/366[A]/506 IPC and 7/8/17 of POCSO Act, Police Station- Hariparwat, District-Agra.
3. Learned counsel for applicant submitted that a false and fabrication FIR is lodged against the application. Informant's daughter had gone with co-accused Dinesh as she was having love affair with him and applicant has falsely been implicated in this case due to old enmity. Applicant has been roped in this case only on the basis of statement of informant and there is no credible evidence against him. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 30.09.2015. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Gujja alias Rahul, involved in Case Crime No.969 of 2015, under Sections 323/342/363/366/366[A]/506 IPC and 7/8/17 of POCSO Act, Police Station-Hariparwat, District-Agra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2017 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there in any other happening on account whereof this application has rendered infructuous, it is made clear that in such case, this order shall not have legal consequence and this application shall be deemed to have been rejected.
Order Date :- 29.1.2019
Manish Himwan