Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43214 of 2017 Applicant :- Santosh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajehs Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Santosh alleging that on 16.8.2017 he enticed away daughter( 17 years) of complainant Smt. Chandrawati Devi on motorcycle; the speed of motorcycle was very high which met with an accident after colliding with 'pulia', due to which daughter of complainant fell down and received head injury. She died on the way before reaching Primary Health Centre, Paniyara.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 16.9.2017(more than five months) having no previous criminal history; daughter of complainant died in an accident and there was no intention of applicant to kill her; applicant has also received injuries on his body; Offence under Section 304-A and 279 IPC is bailable. in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Santosh involved in Case Crime No.282 of 2017, under Sections 363, 366, 279, 304-A IPC & Section 7/8 of Protection of Children from Sexual Offences Act, Police Station Paniyara, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.2.2018/P.P.