Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35973 of 2018 Applicant :- Sukhram Rajbhar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 91 of 2018, u/s 376, 511, 354A, 341 IPC, P.S. Bansdeeh, District Ballia with the prayer for enlarging them on bail.
It is submitted by learned counsel for the applicants that the the applicants are not named in the first information report. The first information report has been lodged specifically against one Sanoj Kumar. Even in the statement under Section 164 Cr.P.C., the prosecutrix has not taken the name of applicants. The role of attempt to commit rape or outraging modesty has been specifically levelled against co-accused Sanoj Kumar. Applicants name surfaced in the statements of some witnesses recorded under Section 161 Cr.P.C. It is submitted that similarly placed co-accused Sujit Rajbhar has been enlarged on bail by this Court in Bail Application no. 31241 of 2018. Lastly, it is stated that the applicants are languishing in jail since 30.7.2018 having no criminal antecedents.
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 applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Sukhram Rajbhar, Pappu Rajbhar and Vishvkarma Rajbhar involved in the aforesaid case crime number be released on bail on their 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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/