Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18083 of 2019 Applicant :- Ankit Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicant is that applicant is not named in the F.I.R. Although P.W.-1 has been examined during trial but he did not identify the applicant in the court for committing the present offence. Referring to the entire argument it was also argued that no test identification parade has been conducted in this matter during investigation to identify the applicant. There is no evidence against the applicant. He is of no criminal antecedent. He is languishing in jail since 29.8.2016, whereas co-accused Sangharsh Singh with same degree of accusation has already been enlarged on bail by a coordinate Bench of this Court vide order dated 7.9.2017 passed in Criminal Misc. Bail Application No. 33742 of 2017. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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 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 applicant Ankit Saini involved in Case Crime No. 423 of 2016, under Sections 394, 411, 427 I.P.C. and Section 3/5 Explosive Act, P.S. Sipari Bazar, District Jhansi be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 3 lakhs) 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 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 court.
Order Date :- 30.4.2019 Pcl