Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7777 of 2018 Applicant :- Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Sudarshan 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 F.I.R. of the incident has been lodged by the father of the victim with delay of seven days without any plausible explanation. Further submission is that applicant is not named in the FIR. Further submission is that co-accused Sanjeev Sharma, who happens to be son of applicant and about whom it is stated that he enticed away and sexually assaulted the victim has been granted bail by this Court vide order dated. 08.12.2017 in Crl. Misc. Bail Application No.33213 of 2017 and the case of applicant being on better footing, he is also entitled to bail. Further submission is that applicant is in jail since.14.11.2017, there is no other criminal history and there is 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. has vehemently opposed the prayer.
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 Pappu be released on bail in Case Crime No 154 of 2017, under Sections 363, 366, 376 I.P.C., P.S. Fatehganj Poorvi, District- Bareilly, 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 :- 27.2.2018/Neeraj