Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35975 of 2018 Applicant :- Sikandar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Pathak 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. 369 of 2017, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Adarsh Mandi, District Shamli with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is wholly innocent and has not committed any offence whatsoever, he has been falsely implicated by the first informant on account of personal grudge and animosity. There are major contradictions in the statement u/s 161 and 164 Cr.P.C. Lastly it is argued that the first informant Krishna Pal and the victim have been examined as PW-1 and PW-2 in the session trial and both of them have not supported the prosecution version in their examination in chief itself and therefore, the prospects of conviction of the applicant are bleak and remote. He further submits that the applicant is in jail for the past about one year i.e. since 24.9.2017.
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 Sikandar 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 :- 25.9.2018 Dhirendra/