Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15204 of 2018 Applicant :- Pramod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh K.S. Chaudhary,Saurabh Gour Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 30 of 2018, under Section 500 IPC, under Section 13(c)/14 POCSO Act and under Sections 43, 67A and 67B of Information Technology Act, Police Station Chhatari, District- Bulandshahar.
It is contended by the learned counsel for the applicant that the applicant is aged about 23 years and he look after the agriculture/farming of the family and on accession also do labour work, has been falsely implicated in the present case with some ulterior motive. It is further contended by learned counsel for the applicant that assuming the allegations to be true, the maximum sentence which can be awarded in the said offence is five years and the applicant has already undergone more than six months and also contends that the applicant may be released on bail, otherwise his family will suffer irreparable loss. It is also submitted that the applicant has not committed the present offence. He does not have any criminal history to his credit. Applicant is languishing in jail since 11.02.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Pramod Kumar, involved in Case Crime No. 30 of 2018, under Section 500 IPC, under Section 13(c)/14 POCSO Act and under Sections 43, 67A and 67B of Information Technology Act, Police Station Chhatari, District- Bulandshahar be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not indulge in any criminal activity;
2. The applicant shall not tamper with the prosecution evidence;
3. The applicant shall not pressurize the prosecution witnesses;
4. The applicant shall appear on the date fixed 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 :- 24.8.2018 Sartaj