Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8708 of 2019 Applicant :- Santosh Gond Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant, Santosh Gond seeking bail in Case Crime No. 0165 of 2018, under Sections 354(B), 323,506 IPC, and Section 7/8 Protection of Children From Sexual Offences Act (POCSO), Police Station Nagra, District Ballia.
Learned counsel for the applicant has submitted that the incident is said to have taken place on 27.10.2018. However, F.I.R. of the alleged incident has been registered on 20.11.2018 after about 22 days and there is no explanation of delay in lodging the F.I.R. Learned counsel for the applicant has next drawn the attention of the Court to the injury report of Achal Rajbhar and Sandhya Rajbhar which are found to be simple in nature. No X-Ray report has been brought on record. F.I.R. has also been lodged on 29.10.2018 from the side of the applicant registered as case crime no. 149 of 2018 alleging therein that five persons have suffered injury from the side of the applicant. Lastly, learned counsel for the applicants has submitted that the applicant is in jail since 16.01.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 16.1.2019.
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 applicant Santosh Gond be released on bail in the aforesaid case crime number on his 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 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 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 :- 27.2.2019 aks