Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11169 of 2018 Applicant :- Loli Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh,Gaurav Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Anil Kumar 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 has been falsely implicated due to ulterior motive. Further submission is that F.I.R. of the incident has been lodged with delay of 16 days without any plausible explanation. Further submission is that applicant is named in the F.I.R. alongwith three others and it is stated that all of them committed rape upon victim. Further submission is that similarly situated co-accused Amzad Khan and Gaurav have been granted bail by another Bench of this Court vide order dated 07.02.2018 in Criminal Misc. Bail Application No. 4533 and 4563 of 2018, and in view of that, applicant is also entitled to bail on the ground of parity. Further submission is that applicant who is in jail since 12.09.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer for bail has not disputed that similarly situated co-accused has been granted bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Loli be released on bail in Case Crime No. 454 of 2017, under Sections 376-D, 506/34, 120-B I.P.C. and 3/4 POCSO Act, 2012, P.S. Diviyapur, District Auraiya, on 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 :- 28.3.2018 /Bhanu