Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1340 of 2019 Applicant :- Shyamu Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant and the victim are the residents of same village. On account of dispute in the village the applicant has been falsely implicated. The applicant is in jail since 17.09.2018 and he has no criminal history to his credit. Regarding the same date of incident first information report was also lodged from the side of the applicant against the mother of victim.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Shyamu, be released on bail in Case Crime No. 1088 of 2018, under Sections- 354B, 452, 504, 506 I.P.C. and 7/8 Protection of Children from Sexual Offences Act, Police Station- Khalilabad, District- Sant Kabir Nagar, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2019 Rohit