Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54710 of 2021 Applicant :- Yogendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijendra Kumar Mishra, learned counsel for the applicant and Sri Janardan Prakash, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Yogendra, with a prayer to release him on bail in Case Crime No. - 58 of 2021, under Sections - 376, 363 and 366 I.P.C. and Section 3/4 POCSO Act, Police Station - Belghat, District - Gorakhpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 07.05.2021, the applicant is in confinement since 12.10.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the alleged victim girl was about 25 years of age on the date of occurrence and that she has falsified the prosecution allegation in her statement recorded under Section 164 Cr.P.C.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Abhilash