Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31876 of 2018 Applicant :- Mohit @ Bhima Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Krishna Kumar Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Mohit @ Bhima seeks bail in Case Crime No. 113 of 2018, under Sections 323, 354B, 452, 506 IPC and Section 3/4 POCSO Act, P.S. Salempur, District- Bulandshahr.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. Learned counsel for the applicant has next submitted that in a criminal complaint case, mother of the applicant Mohit has appeared as a witness against Prahlad father of the victim Lakshmi and on account of this fact, the victim's family used to bear animosity against the applicant and his family members and in this backdrop just to settle personal scores, the applicant has been falsely implicated in the present case. Lastly, it is submitted that applicant is in jail since 21.6.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicant is in jail since 21.6.2018 and he has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Mohit @ Bhima 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 KU