Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1749 of 2018 Applicant :- Aman Tyagi @ Maya Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi,Mr Brajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Aman Tyagi @ Maya Tyagi in Case Crime No. 358 of 2016, under Sections 396, 412, 120-B I.P.C., Police Station- Badalpur, District- Gautam Budh Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report and his name surfaced in the confessional statement of co-accused Kuldeep Jaat. Co-accused Kuldeep Jaat and Randeep Bhati have been enlarged on bail by coordinate Benches of this Court vide an order dated 25.10.2017 & 06.12.2017 in Criminal Misc. Bail Application Nos. 23724 & 47732 of 2017, respectively. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.07.2017, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Aman Tyagi @ Maya Tyagi 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018/ Vikas