Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49505 of 2018 Applicant :- Ankush Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ankush Gupta seeks bail in Case Crime No. 257 of 2018, under Sections 109, 114, 116, 117, 147, 148, 149, 307, 332, 333, 336, 337, 338, 341, 342, 353, 436, 452, 504 IPC, Section 7 Criminal Law Amendment Act and 4/5 Prevention of Damages to Public Property Act, P.S. Haldharpur, District- Mau.
Learned counsel for the applicant has submitted that first information report has been lodged against 12 nominated and 400-500 unknown persons. Learned counsel for the applicant has next submitted that applicant is not named in the first information report nor has been arrested from the spot and no recovery whatsoever has been made from his possession. Learned counsel for the applicant has next submitted that his name has surfaced in the statement of the first informant Vinay Kumar Singh, however no specific role has been assigned to him. Lastly, it is submitted that applicant is in jail since 29.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 29.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Ankush Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 R