Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23652 of 2019 Applicant :- Amit Pathak Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Amit Pathak has prayed to release him on bail in Case Crime No. 48 of 2019, u/s 403, 411, 413, 414, 420, 467, 468, 471 I.P.C., P.S. Shivali, District Kanpur Dehat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that co-accused Neeraj Kumar Nishad has already been granted bail by this Court vide order dated 13.5.2019 in Crl. Misc. Case No.20036 of 2019. The recovery which is shown from the accused applicant, is also false one. There are two cases as criminal antecedents which has been duly explained in affidavit filed in support of the bail application. There is no likelihood of tampering with evidence or fleeing from the course of justice. Hence bail has been prayed for during trial. The applicant is in jail since 15.2.2019.
Learned AGA has vehemently opposed the bail application but could not oppose the fact of having no criminal antecedents.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Amit Pathak, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.6.2019 Meenu