In Criminal Misc. Bail Application No. 857 of 2020, the Hon'ble Court granted bail to the applicant, Rajesh Dubey, accused in a criminal case for offences under IPC and POCSO Act, subject to personal bond and sureties.
Applicant released on bail furnishing a personal bond and two reliable sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 857 of 2020
Applicant :- Rajesh Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 74 of 2019, under Sections 323, 363, 366, 376D IPC and 5G/6 of POCSO Act, P.S. Jaitpur, District Agra.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is not named in the FIR and for the first time, his name has surfaced in the statement of the victim recorded under Section 164 CrPC.
Learned counsel for the applicant has further submitted that both nominated co-accused Vakeel and Vijay have already been granted bail by another Bench of this Court in Criminal Misc. Bail Application Nos. 53326 of 2019 and 53355 of 2019 vide orders dated 03.12.2019 and the case of the present applicant stands on the better footings as that of the nominated coaccused Vakeel and Vijay.
Learned counsel for the applicant has next submitted that the applicant is in jail since 28.11.2019 and he has no criminal history to his credit, as such, prima facie a case for bail is made out.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 28.11.2019 and he has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits
of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rajesh Dubey 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 court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 8.1.2020
Nadim
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 323, 363, 366, 376D IPC and POCSO Act.
Rajesh Dubey
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
