Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3094 of 2019 Applicant :- Mukesh Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta, J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Mukesh Kumar and Ravi Kant seeking bail in Case Crime No. 275 of 2018, under Sections 323, 354, 452, 504, 506 IPC and Sections 7/8 of POCSO Act, Police Station Mirhachi, District Etah.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that as many as five persons are said to have assaulted the victim, due to which, he suffered injuries on his head. As per the X-Ray report, no fracture injury has been found and the Doctor has opined that the injuries are simple in nature.
Learned counsel for the applicants has next submitted that false allegation of eve teasing the daughter of the victim and assaulting her by the applicants has also been made against the applicant in the first information report, which is absolutely false and cooked up as there is no injury report to corroborate the said allegations.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 18.12.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants have no criminal history to their credit and they are in jail since 18.12.2018.
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 applicants have made out a case for bail.
Let the applicants Mukesh Kumar and Ravi Kant be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 22.1.2019/Nadim