Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7847 of 2018 Applicant :- Hari Ram Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Kameshwar 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 applicant is not named in FIR, his name was come into light during the course of investigation in the statement of the victim. Further submission is that applicant has been falsely implicated on account of being father of co- accused Ajai Kumar Pandey. Further submission is that Ajai Kumar Pandey who had taken away the victim and sexually assaulted her, has been granted bail by another Bench of this Court vide order dated 13.12.2017 in Criminal Misc. Bail Application No.46656 of 2017 and the case of the applicant being on better footing, he is also entitled for grant of bail. Further submission is that applicant is in jail since 3.1.2018 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. while opposing the prayer for bail has not disputed that co-accused Ajai Kumar Pandey has been granted bail.
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- Hari Ram Pandey be released on bail in Case No.9756/2006, Case Crime No. 491 of 2000, under Sections 363, 366, 376, 506 IPC & Section 3(2)(V) SC/ST Act, P.S.-Munderawa, District Basti, 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