Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34918 of 2018 Applicant :- Ankit Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The argument is that the applicant is alleged to have stolen wire of the electricity company. The applicant had no prior criminal history. Along with present implication he has been implicated in three more cases. The applicant is in jail since 13.07.2018. He is not named in the first information report.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties,larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Ankit Kumar and Shishpal involved in Case Crime No.202 of 2018, under Section 136 Electricity Act & under sections 379, 411 IPC, Police Station Dhanaura, District- Amroha (J.P. Nagar) be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them 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 court.
Order Date :- 17.9.2018 SS