Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15118 of 2018 Applicant :- Jaiki @ Jay Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vinay Kumar Pandey, learned counsel for the applicant, Sri V.K.Tripathi, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Jaiki @ Jay Prakash in Case Crime No.125 of 2017, under Sections 326-A, 354, 504, 506 I.P.C. and 7/8 of Protection of Children from Sexual Offences Act Police Station Magorra, District-Mathura with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the main role of throwing acid on the victim has been assigned to co-accused, Ravindra alias Daroga and the applicant was not even named in the F.I.R. However, in the confessional statement of co-accused,Amit Singh, name of the applicant came into light. It is further argued that prosecutrix has not made any allegation against the applicant and co-accused Amit Singh either in her statements under Section 161 or 164 Cr.P.C. Learned counsel for the applicant points out that co-accused, Amit Singh whose case stands exactly on the same footing as that of the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No.13297 of 2018 on 11.4.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.3.2017, also deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for first informant vehemently opposed the prayer for grant of bail to the applicant and submitted that presence and participation of the applicant is established and he is involved in heinous crime, therefore, he is not entitled to be released on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Jaiki @ Jay Prakash be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 MN/-