Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34893 of 2021 Applicant :- Rohit Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Ram Krishna Mishra Counsel for Opposite Party :- G.A.,Sher Bahadur Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ram Krishna Mishra, learned counsel for the applicant, Sri Sher Bahadur Yadav, learned counsel for the informant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rohit Yadav, with a prayer to release him on bail in Case Crime No. -09 of 2020, under Sections -363, 366, 376 I.P.C. and Section 16/17 of POCSO Act, 2012, Police Station -Saraimeer, District -Azamgarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 09.01.2020, the applicant is in confinement since 25.10.2020;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the victim girl has not supported the allegation of rape. Her age apart, she has also stated that she had accompanied the applicant of her own free will, at present, she is residing with her parents.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, 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 applicant involved in the aforesaid crime be released on bail, on his 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 applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 S.Chaurasia