Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31662 of 2018 Applicant :- Sheelu Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Rana,Veer Pal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 253 of 2017, u/s 376 IPC, P.S. Dibai, District Bulandshahar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant was granted bail by this Court in Crl. Misc. Bail Application no. 23120 of 2018 by order dated 22.6.2018 u/s 366 IPC and section 4 POCSO Act. Thereafter, in the charge-sheet section 376 IPC has been added on account of which the applicant again taken into custody. There is no material change in the facts and circumstances of the case as the statement of the victim was already in existence when the applicant was released on bail u/s 366 IPC and section 4 POCSO Act. He further submits that main accused Anil against whom victim has levelled allegation of rape has been acquitted by the trial court. The applicant is in jail since 18.3.2018.
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 applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sheelu involved in the aforesaid case crime number be released on bail on his 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 :- 24.8.2018 Dhirendra/