Court No. - 55
Case:-CRIMINAL MISC BAIL APPLICATION No-44215 of 2018 Applicant :- Amit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Counter and Rejoinder affidavits filed today, by learned AGA and learned counsel for the applicant, are taken on record.
Heard Sri Pramod Kumar Dubey, learned counsel for the applicant and Sri Mayank Awasthi, learned Brief Holder for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 05.09.2018 and has no criminal antecedents, which fact is not disputed by learned Brief Holder. It is next submitted that the victim in her statement recorded under Section 164 Cr.P.C. has not alleged any mis-behaviour by the applicant. It is also submitted that the applicant is a student of Class-12 and has been falsely implicated on account of enmity.
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 applicant- Amit Kumar, be released on bail in Case Crime No. 358 of 2018, under Sections 363, 366 IPC, P.S.- Chauri-Chaura, district- Gorakhpur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 P Kesari [Vikram Nath, J.]