Nek Pal Vs State of U.P.

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14473 of 2018

Applicant :- Nek Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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This bail application has been moved by the applicant Nek Pal who is involved in Case Crime No. 29 of 2018, under Sections 377, 323, 504, 506 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, Police Station-Kotwali, District-Shahjahanpur.

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As per prosecution version, on 11.1.2018 at about 8:00 PM applicant with co-accused Ram Ladaite and Munim have committed unnatural offence with victim aged about 14 years.

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Learned counsel for the applicant contended that co-accused Ram Ladaite has been enlarged on bail and case of the applicant is on better footing to that of co-accused Ram Ladaite. In statement under Section 161 Cr.P.C., the victim has not narrated the name of applicant. He further contended that applicant has no criminal history and is languishing in jail since 5.2.2018.

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Learned A.G.A., has opposed the prayer for bail.

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Perused the statement of victim recorded under Section 164 Cr.P.C. The role of the applicant is similar to that of co-accused Ram Ladaite.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Nek Pal , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.

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Application stands allowed .

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Order Date :- 13.7.2018 Jaswant

Nek Pal v. State of U.P.

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Nek Pal v. State of U.P.

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