Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2804 of 2019 Applicant :- Sunil Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sunil Yadav seeks bail in Case Crime No. 252 of 2018, under Sections 354, 323 IPC and 7/8 of POCSO Act, P.S. Tarkulwa, District- Deoria.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim, in which she has stated that she had gone to answer the call of nature, where Sunil Yadav came from behind, gagged her mouth and assaulted her. She has further stated that he has given his mobile number to talk to him but she did not talk to him and as such in a fit of rage, he assaulted her, however has not committed any indecent with her. It is further pointed out that there is no injury on the person of the victim. Lastly, it is submitted that applicant is in jail since 6.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 6.12.2018 and there is no injury on the person of the victim.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sunil Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.1.2019 KU