Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27824 of 2018 Applicant :- Shambhu Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Shri Madhaw Prasad, Advocate filed his Power today on behalf of complainant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A.
Perused the record.
Submission of counsel for the applicant is that the applicant has already been released on bail by another Bench of this Court vide its order dated 26.6.2018 under sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act 2012. Further submission is that subsequently Section 376D I.P.C. has been added and applicant has come before this Court seeking bail under this section only. Submission is that bail has been granted by the High Court after adverting to the substantial evidence available against the applicant and the order has been passed on merits. In this background the applicant may also be released on bail in newly added section.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid factum.
After perusing the record in the light of the submissions made at the bar and specially keeping in view the bail order already passed by another Bench of this Court in favour of applicant, this Court deems it proper to release the applicant on bail.
Let the applicant-Shambhu Yadav, involved in Case Crime No.47 of 2018, u/s 376D I.P.C., Police Station-Nautanwa, District-Maharajganj be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2018 M. Kumar