Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15177 of 2019 Applicant :- Harikant Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Pravesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Chauthi and Sambhu have been granted bail by a coordinate Bench of this Court vide orders dated 21.2.2019 and 10.4.2019 passed in Criminal Misc. Bail Application Nos. 7565 of 2019 and 14202 of 2019, respectively. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 26.8.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Harikant Singh involved in Case Crime No. 252 of 2018, under Section 376-D IPC and Section 5g/6 of POCSO Act, P.S. G.R.P., District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2019 Pcl