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Allahabad High Court · body

2015 DIGILAW 1553 (ALL)

Yogendra v. State of U. P.

2015-06-16

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicants, learned A.G.A. and perused the record. 2. Learned counsel for the applicants contended that the applicants have been falsely implicated being Uncle and Aunty of co-accused Sachin, who is alleged to have enticed away the victim, the daughter of first informant; that there are material contradictions in the averments made in the F.I.R. and the statements of victim under Sections 161 & 164 Cr.P.C.; that no role under Section 376 I.P.C. has been assigned to the applicants; that co-accused Sachin, who allegedly enticed away the victim has been granted bail by another Bench of this Court vide order dated 21.1.2015 passed in Criminal Misc. Bail Application No.1818 of 2015, copy of which annexed as Annexure-6; that the applicants have no criminal history; that the applicants undertake that they will not make misuse the liberty of bail; that the applicants are in custody since 18.5.2015. 3. Learned A.G.A. opposed the prayer of bail. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 4. Let the applicants Yogendra & Smt. Prem be released on bail in Case Crime No.343 of 2014, under Sections 363, 366, 376, 328 I.P.C. and 3/4 of POCSO Act, P.S. Parichhitgarh, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. 5. (iii) The applicants will not indulge in any unlawful activities. 5. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.