Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46442 of 2018 Applicant :- Abhay Kumar @ Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1010 of 2018, under Sections 394, 307, 411 IPC, Police Station Auraiya, District Auraiya.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further contended by learned counsel for the applicant that co-accused, namely, Sarun @ Md. Taslim has already been granted bail by another Bench of this Court in Criminal Misc.Bail Application No.48084 of 2018, vide order dated 23.5.2019. Applicant's case is at par with co-accused released on bail. The applicant, having no criminal antecedent, is in jail since 22.10.2018.
Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant-Abhay Kumar @ Rajesh involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidences.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 29.5.2019 m.a.