Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31468 of 2018 Applicant :- Sudhakar Chauhan @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Brij Bhushan Prasad Shrivastava, learned counsel for the applicant, Sri Mohd. Arif, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 97 of 2018, u/s 376D, 506 IPC and 66 I.T. Act, P.S. Rampur Karkhana, District Deoria with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant neither named in the F.I.R. nor in the statement u/s 164 Cr.P.C. The name of the applicant surfaced in the confessional statement of the co-accused before the police, which is inadmissible. His case is distinguishable from other named accused. He is in jail since 8.6.2018.
Learned counsel for the informant has opposed the prayer for bail. However he could not refute the submission made by counsel for the applicant.
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 Sudhakar Chauhan @ Golu 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 :- 23.8.2018 Dhirendra/