Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47278 of 2019 Applicant :- Mukkhu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sunil Kumar Pathak, Advocate, holding brief of Sri Rakesh Kumar Pandey learned counsel for the applicant as well as Sri Nagendra Kumar Srivastava, 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 - Mukkhu with a prayer to release him on bail in Case Crime No. - 27 of 2019, under Sections - 363, 366, 120-B I.P.C. and 11/12 POCSO Act, Police Station Mahrajganj, District Jaunpur during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Makhanchu has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 46509 of 2019 vide order dated 28.11.2019. Also, it has been submitted, the applicant has no criminal history. For the reasons contained in aforementioned order, 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 :- 29.11.2019 Prakhar