Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23994 of 2019 Applicant :- Vineet And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No.833 of 2017, under Sections 363 and 366 I.P.C. and 7/8 POCSO Act, P.S. Kotwali Orai, District Jalaun with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case; that applicants were not named in the F.I.R. but during investigation their involvement was not found and thus, no charge sheet was filed against them; that during trial the witnesses have made false statement against the applicants and on that basis applicants have been summoned under Section 319 Cr.P.C.; that co-accused Pradeep, who was charge sheeted by the police, has already been granted bail by this Court vide order dated 04.05.2018, passed in Criminal Misc. Bail Application Nos. 16692 of 2018; that since the role of the applicants is identical to that of the co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity; that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial and that they are languishing in jail since 20.05.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Vineet and Sandeep involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not pressurize the prosecution witnesses.
(iii) The applicants shall appear on the date fixed by the trial Court
(iv) The applicants shall not commit an offence similar to the offence of which applicants are accused, or suspected of the commission, of which applicants are suspected.
(v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 11.6.2019 Atul