Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33747 of 2019 Applicant :- Shivam Balmiki Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Neeraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Neeraj Srivastava, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in S. T. No.273 of 2019, arising out of Case Crime No.0137 of 2019, under Sections 363, 376, IPC, and Section 3/4 of POCSO Act, Police Station Civil Lines, District Rampur.
The contention of the leaned counsel appearing for the applicant is that initially the FIR was lodged only under Sections 363 and 366 IPC and subsequently the POSCO Act has been added. It is further contended that the age of the girl is 18 years as per the medical. It has also contended that the girl has been examined as P.W.-2 and her statement has been annexed on page no.39 of the affidavit filed in support of the bail application. The contents of which is self explicit. Further contention is that the applicant is in jail since 16.02.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Shivam Balmiki involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019 VKG