Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7088 of 2016 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivasta
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and Sri Pradeep Kumar Tiwari, holding brief of Sri Ravindra Prakash Srivastava, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 952 of 2015, under Sections-363, 366 and 376 IPC and Sections-5/6 of POCSO Act, P. S.-Kaptanganj, district-Basti and is in jail since 6.8.2015, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that neither the prosecutrix has supported the prosecution case in her statement recorded under Section 164 Cr. P. C. nor in her evidence tendered before the trial court during trial. He has further submitted that even the mother of the prosecutrix, who is the informant, has also not supported the prosecution case at the trial. He has further submitted that in view of the above, there is no likelihood of the applicant's being convicted for the offence with which he has been charged. He has lastly submitted that since the applicant, who is in jail since 6.8.2015 and has no criminal antecedents to his credit, is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Rajesh Kumr be released on bail in Case Crime No. 952 of 2015, under Sections-363, 366 and 376 IPC and Sections-5/6 of POCSO Act, P. S.-Kaptanganj, district-Basti on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.3.2018 HR