Sukhdev @ Bhampu vs State Of U.P.
2016 Latest Caselaw 6826 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38204 of 2016
 

 
Applicant :- Sukhdev @ Bhampu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sarvesh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vinod Kumar Misra,J.

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

It is submitted by learned counsel for the applicant that in this case only witness Chotu @ Ashish Rathore whose statement under Section 161 Cr.P.C. implicates the present applicant in catching hold the deceased has turned hostile in the trial court and did not support the prosecution version. There is no other positive evidence against the present applicant. No motive has been assigned against the present applicant.

Learned A.G.A. opposed the bail and submitted that the trial is going on.

In the facts and circumstances of the case as the main star witness has turned hostile and not supported the prosecution version and there is no other credible evidence against the present applicant, I deem it proper to enlarge the applicant on bail.

Let the applicant Sukhdev @ Bhampu involved in Case Crime No.108  of 2015, under Sections 302, 201, 377 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act (POCSO Act), P.S. Chaubiya, District Etawah, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 5.11.2016

m.a.