Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4052 of 2018 Applicant :- Thakurdas Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Chauhan,Rajat Agarwal,Virpratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri V.S. Chauhan, Sri Rajat Agarwal, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 48 of 2017, u/s 363, 366, 368, 376(D) IPC and 4G/6 POCSO Act, P.S.
Kalinjar, District Banda with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. His name along with co-accused Ram Swaroop was introduced by the victim in the statement u/s 164 Cr.P.C. based on the conjecture. He further submits that similarly placed co-accused Santu and Ram Swaroop have been enlarged on bail in Bail Application nos. 1450 of 2018 and 29405 of 2018, therefore, the applicant may be enlarged on bail.
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 applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Thakurdas 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 :- 20.9.2018 Dhirendra/