Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11374 of 2018 Applicant :- Sunil Diwakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Srivastava,Smt. Usha Srivastava, Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vinod Kumar Srivastava, learned counsel for the applicant, Mr. Mohd. Shoeib Khan learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Sunil Diwakar with a prayer to enlarge him on bail in Case Crime No.781 of 2017, under Section 363, 376D, 506 IPC and Section 3/4 POCSO Act, PS Naubasta, district Kanpur Nagar.
It is contended by learned counsel for the applicant that the applicant is claiming parity with other co-accused person namely, Shivam Dixit, who has been granted bail by this Court on 14.2.2019, passed in Criminal Misc. Bail Application Nos. 5960 of 2019, photo copy of which order has been produced before this Court and is taken on record. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12.2.2017.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but does not dispute the contention of counsel for the applicant regarding parity of the applicant with the co- accused-Shivam Dixit.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira