Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48266 of 2018 Applicant :- Akhtar Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta 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 Akhtar Ali seeking bail in Case Crime No. 245 of 2018, under Sections 336 IPC, P.S. Azeem Nagar, District Rampur.
Learned counsel for the applicant has submitted that the applicant has already been granted bail by this Court in the present case crime no. 245 of 2018, under section 147,148,149,323,332,353,224,307 I.P.C. and 7 Criminal Law Amendment Act and Section 3 of Prevention of Damages to Public Property Act. P.S. Azeem Nagar, District Rampur. However, subsequently section 336 I.P.C has also been added in the charge sheet and the bail application of the applicant has been rejected by the trial court.
Learned counsel for the applicant has next submitted that the offence under section 336 I.P.C. is bailable and the applicant is in jail since 28.8.2018 and the applicant has no other criminal history to his credit and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Akhtar Ali 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 :- 18.12.2018 R