Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45291 of 2018 Applicant :- Abhishek @ Markush @ Lalji Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Dev,Rahul Asthana Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Abhishek @ Markush @ Lalji seeking bail in Case Crime No. 93 of 2018, under Sections 328, 379, 411 IPC, Police Station Maharajpur, District Kanpur Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that he is not named in the first information report and his name has subsequently surfaced on the basis of statement of co-accused. Learned counsel for the applicant next submitted that similarly placed co-accused Munish Khan and Pravendra have already been granted bail in Crl. Misc. Bail Application Nos. 28780 of 2018 and 35386 of 2018 vide orders dated 18.09.2018 and 18.09.2018 respectively, by this Court.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 04.04.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co-accused have already been granted bail and the applicant is in jail since 04.04.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Abhishek @ Markush @ Lalji 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 :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.11.2018 Ashok Gupta