Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48750 of 2018 Applicant :- Anees Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that co-accused Suhel Khan @ Sunil and Salman have been granted bail by this Court on 17.12.2018 and 10.12.2018 vide Criminal Misc. Bail Application Nos. 47841 of 2018 and 43044 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has no criminal history. The applicant is in jail since12.04.2018 .
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused have already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Anees involved in Case Crime No. 132 of 2018, under Section 302/34 IPC, P.S. Kotwali, District Jhansi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this cour Order Date :- 19.12.2018 Sanjeet