Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38878 of 2018 Applicant :- Sachin Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Srivastava,Jayant Srivastava Counsel for Opposite Party :- G.A.,Hanuman Prasad Mishra
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Hanuman Prasad Mishra, learned counsel for the informant and perused the record.
This bail application has been filed by the applicant Sachin Dubey seeking bail in Case Crime No. 222 of 2018, under Sections 363, 366, 354, 506 IPC and Sections 7/8 of POCSO Act, Police Station Aurai, District Bhadohi.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that no specific role of enticing away the victim or forcibly taking her away has been assigned to the applicant and the victim is aged about 17 years and she has visited various places on her own free will and accord.
Learned counsel for the applicant has next submitted that similarly placed co-accused Dabar @ Prabhakar Singh has already been granted bail by this Court in Criminal Misc. Bail Application No. 39215 of 2018 vide order dated 10.10.2018.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 28.08.2018 and in case, he is released on bail, he 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 applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State as well as Sri Hanuman Prasad Mishra, learned counsel for the informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused Dabar @ Prabhakar Singh has already been granted bail by this Court and that the applicant has no criminal history to his credit and he is in jail since 28.08.2018.
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 applicant has made out a case for bail.
Let the applicant Sachin Dubey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the applicant, subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 20.12.2018 Nadim