Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38734 of 2018 Applicant :- Aakash @ Tomatar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.35 of 2018, under Sections 302, 201, 120-B, 394, 411 IPC, Police Station Dadon, District Aligarh, with the prayer to release him on bail.
It is argued by the learned counsel for the applicant that the applicant is not named in the first information report. His name has surfaced in the confessional statement of co-accused Atar Pal. The main allegation is against Chita. He does not have any criminal history to his credit. The applicant is languishing in jail since 16.4.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail. Lastly it is submitted that similarly placed co-accused Saif Ali alias Semfli has already been released on bail by the coordinate Bench of the Court in Criminal Misc. Bail Application No.35574 of 2018 by an order dated 19.9.2018. Therefore, the applicant may also be enlarged on bail. A copy of the said bail order has been filed by learned counsel for the applicant, same is taken on record.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Aakash @ Tomatar, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 Hasnain