Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40762 of 2018 Applicant :- Anil Gihar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 8.4.2018 Rs.3,000/-, PAN Card, driving licence and some receipts the wife of the complainant was looted. Later on, Sajan, Aakash and Anil were arrested by the Police personnel and in their confessional statements before the Police they admitted that they had also indulged in this crime.
Learned counsel for the applicant submitted that the applicants are languishing in jail since 4.6.2018 (more than four and half months); having no previous criminal history; the applicants are innocent and have been falsely implicated in the present case; recovery was planted by the Police to show his good work only; no identification parade of person and property was conducted; there is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicants have no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Anil Gihar and Aakash Gihar involved in Case Crime No. 172 of 2018, under Section 392 I.P.C., P.S.-Gursahayganj, District- Kannauj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellants will not tamper with the evidence during the trial.
2. The appellants will not pressurize/ intimidate the prosecution witness.
3. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellants 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 appellants 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 OP