Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49121 of 2017 Applicant :- Shyam Behari Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey 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. 212 of 2017, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Khesraha, District Siddharth Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the F.I.R. was lodged after 12 days of the incident on 22.4.2017. According to prosecution, the co-accused Madhuri after enticing the daughter of informant had taken along with her and then she handed over to one person who took the victim in a vehicle and then she was recovered on 16.4.2017, yet the F.I.R. was lodged on 22.4.2017. The applicant was neither named in the F.I.R. nor in the statement of the victim u/s 164 Cr.P.C. The applicant is in jail since 14.7.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary. It is argued that the victim has disclosed the name of the applicant in the statement u/s 161 Cr.P.C. but could not deny that his name is not stated by the victim in the statement u/s 164 Cr.P.C.
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 Shyam Behari 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.
The trial court is directed to expedite and conclude the trial within a period of six months from the date of production of certified copy of the order.
Order Date :- 24.8.2018 Dhirendra/