Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8844 of 2018 Applicant :- Ali Raza Alias Ali Rajjan Opposite Party :- State Of U.P. Counsel for Applicant :- Balram Mishra 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 Ali Raza Alias Ali Rajjan seeking bail in Case Crime No. 1512 of 2017, under Sections 376-D, 323, 395 IPC, P.S. Kotwali Khalilabad, District Sant Kabir Nagar.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR. The name of the applicant has surfaced in the statement recorded under Section 161 CrPC of the co-accused Shamshad. The victim, in his statement recorded under Section 161 CrPC, has stated that at the time of commission of offence, he was standing outside as a guard.
Learned counsel for the applicant has further submitted that the similarly placed co-accused Raj Kumar Gupta @ Lambu has already been granted bail by another Bench of this Hon'ble Court in Criminal Misc. Bail Application No. 6715 of 2018 vide order dated 22.02.2018, as such, the applicant may also be released on bail.
Learned counsel for the applicant has next submitted that the case of the applicant is on the same footings as that of the co-accused Raj Kumar Gupta @ Lambu. The applicant is in jail since 09.08.2017.
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 Ali Raza Alias Ali Rajjan 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 :- 30.3.2018 Nadim