Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22766 of 2017 Applicant :- Lakhna Alias Rambhawan Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vinod Kumar Misra,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that similarly placed co-accused, Diwana has been granted bail by another Bench of this Court vide order dated 5.9.2017 passed in Criminal Misc. Bail Application No. 30283 of 2017 and on the ground of parity, the applicant is also entitled to be released on bail. It is next submitted that the applicant is facing detention since 9.9.2016.
Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate in the early disposal of the case.
Per contra, learned A.G.A. opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Lakhna @ Rambhawan involved in Case Crime No. 93 of 2016, under Sections363, 366, 376-D IPC and Section 6 POCSO Act, P.S. Sisolar, District Hamirpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2017 Sumaira