Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6887 of 2016 Applicant :- Tedhe Alias Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Amit Kumar Singh,Anurag Pathak Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Amit Kumar Singh, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
2. The present bail application has been moved by the accused- applicant for enlarging him on bail in Case Crime No. 1633 of 2015, under Section 376 IPC and 5M/6 of Protection of Children From Sexual Offences Act, 2012, Police Station Purani Basti, District Basti.
3. Learned counsel for applicant submits that during trial victim has been examined as PW-3 and she has not supported FIR version and prosecution case and applicant is real uncle of victim and has been falsely implicated due to family dispute. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 01.09.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Tedhe alias Dharmendra involved in Case Crime No. 1633 of 2015, under Section 376 IPC and 5M/6 of Protection of Children From Sexual Offences Act, 2012, Police Station Purani Basti, District Basti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 31.5.2019 KA