Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35972 of 2018 Applicant :- Sawan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 245 of 2018, u/s 366, 376-D IPC, P.S. Titavi, District Muzaffar Nagar with the prayer for enlarging them on bail.
It is submitted by learned counsel for the applicants that the applicants are not named in the F.I.R. It is argued that infact the main allegations are against the co-accused Ankit, who is alleged to have kidnapped the victim aged about 20 years. The only role attributed to the applicants by the victim in the statement u/s 164 Cr.P.C. is that they had assisted co-accused Ankit and Anuj while she was being kidnapped by them. It is argued that the case of the applicant is distinguishable from that co-accused against whom the victim has specific levelled allegation.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Sawan and Kuldeep involved in the aforesaid case crime number 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 will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/