Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8107 of 2019 Applicant :- Uday Yadav @ Udayshankar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Rajesh Kumar Singh holding brief of Shri Vinod Kumar, learned counsel for the applicant and Shri O.P. Mishra, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed by the applicant, Uday Yadav @ Udayshankar Yadav with a prayer to enlarge him on bail in Case Crime No. 166 of 2018, under Sections 376, 511, 452 IPC and 7/8 POCSO Act, P.S. Bansdeeh, district Ballia.
As per the allegations in the FIR as well as the statements under Sections 161 and 164 Cr.P.C., the allegation is with respect to molestation of the victim. As per the medical, the age of the girl is 16 to 18 years. The applicant has been falsely implicated as there is a dispute regarding money between the parties. Applicant is the neighbour of the victim and due to village party bandi, the present FIR has been lodged. The applicant has no criminal history to his credit and is languishing in jail since 12.10.2018.
It is further 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.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, 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.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 Sumaira