Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35971 of 2018 Applicant :- Yash Pal Alias Yash Opposite Party :- State Of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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. 678 of 2015, under section 5/6 POCSO Act, P.S. Sector 39, District Gautam Budh Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant was granted bail in the instant case crime number under section 363, 366, 376, 506 IPC and section 4 of POCSO Act by this Court in Bail Application no. 13221 of 2016 vide order dated 16.8.2018. It is argued that when the bail bond was submitted it came to knowledge that in the charge-sheet section 5/6 POCSO Act was also added on account of which the applicant could not be released on bail. Then he applied for bail which has been rejected by the trial court. It is argued that there is no material change in the facts and circumstances of the case and the offence u/s 4 of POCSO Act stands much graver than the offence under section 5/6 of POCSO Act.
Learned A.G.A. has opposed the prayer for bail. However he could not dispute that the applicant has already been enlarged on bail for the offence u/s 4 of POCSO Act.
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 Yash Pal Alias Yash 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 :- 25.9.2018 Dhirendra/