Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42675 of 2018 Applicant :- Ravi Kumar Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Ravi Kumar Singh and Bhagwan Singh seeking bail in Case Crime No. 445 of 2018, under Sections 323, 354, 341, 504, 506 IPC and Section 7/8 of POCSO Act, Police Station Tajganj, District Agra.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that only role assigned to the applicant no. 1 Ravi Kumar Singh is to have caught hold the victim by her hand and pulled her. The other applicant Bhagwan Singh along with four others are assigned the general role of pulling the dupatta of the victim.
Learned counsel for the applicants has next submitted that similarly situated accused Aniket Kumar has already been granted bail by this Court in Criminal Misc. Bail Application No. 31112 of 2018 vide order dated 24.09.2018.
Learned counsel for the applicants has further submitted that the applicants have no criminal history to their credit and they are in jail since 22.09.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that similarly placed co-accused Aniket Kumar has already been granted bail by this Court and that the applicants have no criminal history to their credit and they are in jail since 22.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Ravi Kumar Singh and Bhagwan Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted 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 :- 28.11.2018 Nadim