Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32307 of 2018 Applicant :- Alok Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.P. Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that co-accused persons had approached this Court by means of criminal misc. writ petition nos. 21128 of 2018 (Shitla Singh and 2 Others vs. State of U.P. and 2 Others and 21411 of 2018 (Vijay Kumar Pandey and Another vs. State of U.P. and 2 Others) and this Court vide orders dated 6.8.2018 and 7.8.2018 respectively had granted stay of arrest. He next submitted that other co- accused namely, Ram Kumar Pandey, Rahul Patel, Dharmendra Yadav and Anurag Shukla have already been enlarged on bail by the court below vide order dated 19.7.2018 (Annexure-3) but because of carrying criminal history the applicant was denying bail. He further submitted that he has properly explained the criminal history in paragraph 9 of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.7.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, as well as contention put forward by the learned counsel for the applicant the applicant is entitled to be released on bail in this case.
Let the applicant Alok Kumar Pandey involved in Case Crime No. 460 of 2018, under Sections 147, 148, 160, 186, 352, 353, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Kotwali, district-Basti be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.8.2018 Faridul