Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44688 of 2017 Applicant :- Sher Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Darwari Lal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated on account of being brother-in-law (Jija) of co-accused Sanjay. Further submission is that as per supplementary report, victim is major. It is also submitted that co-accused Sanjay about whom it is stated that he sexually assaulted the victim has been granted bail by another Bench of this Court vide order dated 10.10.2013 in Criminal Misc. Bail Application No.30224 of 2013 and case of applicant being on better footing, he is also entitled for bail. Further submission is that applicant is in jail since 27.4.2017 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. while opposing prayer for bail has not disputed that co-accused Sanjay has been granted bail.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit of the case, I find it to be a case of bail.
Let applicant- Sher Singh be released on bail in Case Crime No. 483 of 2012, under Sections 363, 366, 376, IPC, P.S.-Bisharatganj, District Bareilly, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2018 T. Sinha