Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57489 of 2019 Applicant :- Mohan Opposite Party :- State of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shahroze Khan, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Mohan with a prayer to release him on bail in Case Crime No. 101 of 2018, under Sections 363, 366 IPC and Section 16/17 of POCSO Act, Police Station- Trilokpur, District- Siddharth Nagar, during pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Gopal, Ram Bhavan and Shrimati have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 49699 of 2019, 52421 of 2019 and 55649 of 2019 vide orders dated 16.11.2019, 27.11.2019 and 13.12.2019 respectively. Also, it has been submitted, the applicant has no criminal history. For the reasons contained in aforementioned orders, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Prakhar