The single judge allowed two bail applications filed by Balwant Rajbhar and Govind Rajbhar. Released on personal bond and two sureties in a case involving kidnapping, abetting intercourse with a girl under 18, and POCSO charges.
Release of applicant on personal bond and two reliable sureties with such amount as approved by the Court.
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Court No. - 77
(1) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20928 of 2019 Applicant :- Balwant Rajbhar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Connected with
(2) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20930 of 2019 Applicant :- Govind Rajbhar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
These two bail applications arise out of same case crime number, therefore, for convenience sake, they are decided by this common order.
These bail applications have been moved by the applicants who are involved in Case Crime No. 116 of 2018, under Sections 363, 366, 376-D I.P.C., and Section 5/6 POCSO Act, Police Station-Haldharpur, District-Mau.
As per prosecution version, on 5.5.2018 at about 8:00 PM in the night, prosecutrix has gone for natural call. Applicants and co-accused Jai Bahadur enticed and took away the prosecutrix. First information report has been lodged under Sections 363, 366 IPC and Section 17/18 POCSO Act.
Learned counsel for the applicants contended that prosecutrix has gone with co-accused Jai Bahadur. She was recovered by the police from the residence of coaccused Jai Bahadur. Applicants have been falsely implicated in this case due to relation with the co-accused Jai Bahadur. Co-accused Jai Bahadur has already been enlarged on bail vide order dated 10.5.2019 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 19837 of 2019. Applicants are languishing in jail since 20.11.2018 and they have no criminal
antecedent. Case of the applicants for bail is on better footing to that of co-accused Jai Bahadur who has already been granted bail by this Court.
Learned A.G.A., has opposed the prayer for bail and admitted this fact that the prosecutrix was recovered from the residence of co-accused Jai Bahadur. Case of the applicants for bail is on better footing to that of coaccused Jai Bahadur.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail. Let the applicants Balwant Rajbhar and Govind Rajbhar , be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Both applications stand allowed .
Order Date :- 5.7.2019 Jaswant
1 issue framed by the court
Whether the applicants are eligible to be released on bail considering the facts and circumstances of the case including the recovery of the prosecutrix from the residence of a co-accused.
Balwant Rajbhar
Govind Rajbhar
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
