Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17892 of 2019 Applicant :- Rajendra And 6 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants Rajendra, Chandan, Ghurbator, Bechan, Devraj, Baliram and Tunnu, who are involved in Case Crime No. 69 of 2018, under Sections 147, 148, 352, 427, 436, 452, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, 1932, P.S. Kandawa, District Chandauli, are seeking enlargement on bail.
It has been submitted by learned counsel for applicants that applicants are innocent; they have been falsely implicated in this very case crime number; this report was got lodged on 13.09.2018 at 16.25 PM. for an occurrence being said to be of 10 P.M. of 12.09.2018 upon report of Surendra Pratap Yadav with this contention that 23 named accused eprsons along with 30 others came at the home of informant at about 10 P.M. on 12.09.2018 and did above occurrence by putting at ablaze two four wheelers, house and damaging entire household and property; this was committed by those accused persons even without taking care of police, who rushed on spot; threat of dire consequences coupled with abuse was extended by them, whereas on the same date of occurrence i.e. on 12.09.2018 at about 8 PM informant's brother Mahendra Yadav, who was Sarpanch, along with three others outraged modesty of Rubi, daughter of Basawan, for which Case Crime No. 68 of 2018, under Section 354-Ka I.P.C., 3(1)(Da) and 3(1)(Dha) S.C./S.T. Act and 7/8 POCSO Act was got lodged against Mahendra Yadav and three others at Police Station Kandva on 13.09.2018 at 2.28 AM and this FIR was counter blast for above previously lodged F.I.R. against brother of informant; no specific role has been assigned to any of accused persons; accusation was of general level; accused-applicants are of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that in this occurrence two four wheelers of informant were burnt and there was loss and damage to his property by those accused persons.
Perusal of first information report of Case Crime No. 68 of 2018 reveals that the report for offence of outraging modesty punishable under Sections 354-Ka I.P.C., 3(1)(Da) and 3(1) (Dha) S.C./S.T. Act and 7/8 POCSO Act was got registered at above police station in that very night of 12/13.09.2018 at 2.28 AM against Mahendra Yadav and three others. This report for the occurrence of 10 PM was got registered on the next date at 16.25 PM that was quite delayed report and alleged protest and occurrence was in response to offence of outraging modesty of a tiny child by a Sarpanch of village along with three others.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants Rajendra, Chandan, Ghurbator, Bechan, Devraj, Baliram and Tunnu, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 29.4.2019 NS