Single judge ordered release of applicants Babloo and Nafees on bail in a case involving kidnapping, abduction, criminal conspiracy and offences under POCSO, subject to conditions regarding appearance and interference with witnesses.
Applicants released on bail on furnishing a personal bond and two local sureties each.
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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3736 of 2021 Applicant :- Babloo And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
It is contended by learned counsel for the applicants that since in the statement of the victim recorded under Section 164 Cr.P.C. on 03.10.2020 it has been stated that she on her own went along with the applicants and, as such, no offence is made out against the applicants. It is further contended that the applicants have no criminal history. It is also contended that the applicants are in jail since 27.11.2020 and if they are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicants- Babloo and Nafees, involved in Case Crime No. 398 of 2020, under Sections 363, 366 and 120-B I.P.C., and 11/12 of the Prevention of Children from Sexual Offences Act, Police Station Behat, District Saharanpur be released on bail on their furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that they:
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 22.1.2021 SKT/-
2 issues framed by the court
Whether to grant bail to applicants charged under Sections 363, 366, 120-B IPC and Sections 11/12 POCSO.
Whether applicants can secure release by furnishing a personal bond and local sureties.
3 provisions across 3 enactments
Babloo
Nafees
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
