Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49336 of 2018 Applicant :- Ankur Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Ankur seeking bail in Case Crime No. 0384 of 2017, under Section 305 Police Station-Bhognipur, District-Kanpur Dehat.
Learned counsel for the applicant has submitted that initially the present case was registered under Section 306 I.P.C. and the applicant appeared before the Court and he has been granted bail by this Court in Criminal Miscellaneous Bail Application No. 24290 of 2017, vide order dated 10.07.2017. It appears that the Investigating Officer concluded the investigation and submitted the chargesheet under Section 305 I.P.C. against the applicant and his brother Dimpu as such applicant as well as Dimpu surrendered before the Court under Section 305 I.P.C.
Learned counsel for the applicant has further submitted that similarly placed co-accused, Dimpu has already been granted bail in Criminal Misc. Bail application no. 43441 of 2017 under Section 305 I.P.C. vide order dated 12.07.2018, as such he is also entitled to be released on bail.
It is lastly submitted that the applicant is in jail since 20.11.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in the trial. The applicant has no criminal history to his credit.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant Ankur 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 sweta