Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52391 of 2019 Applicant :- Rinku Yadav @ Pramod Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ram Bahadur Singh, learned counsel for the applicants as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Rinku Yadav @ Pramod Yadav and Sonu with a prayer to release them on bail in Case Crime No. 56 of 2019, under Sections 363A, 344, 377, 506 IPC and Section 4 POCSO Act, Police Station - Aliganj, District - Bareilly, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of abduction, unnatural sex and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 01.04.2019, applicant no.1 is in confinement since 06.04.2019 and applicant no.2 since 08.04.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted, yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicants, they have been falsely implicated in the case on presumptions and conjectures. In any case, the medical report does not support the allegations;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 AHA