Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11450 of 2018 Applicant :- Adesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely, Abhishek, Radheshyam, Chandraket, Adesh and Jay; alleging that externment (jeela badar) order passed against Adesh and Jay and on 5.1.2012 Adesh and Jay were arrested by the police but they fled away from police custody with the help of other accused persons.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Applicant never fled away form the judicial custody. He has no knowledge about externment order. It is a case of no injury. Criminal history of the applicant has been properly explained. He is languishing in jail since 20.2.2018 (more than one month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Adesh involved in Criminal Case No. 503 of 2017 as well as Case Crime No. 03 of 2012, under Sections 147, 332, 353, 224, 216 IPC, Police Station Vaidpura, District Etawah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.3.2018//A. Singh