Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56415 of 2019 Applicant :- Annu Urf Sanjeev Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar Kushwaha,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijay Kumar Kushwaha, learned counsel for the applicant as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Annu Urf Sanjeev with a prayer to release him on bail in Case Crime No. - 276 of 2018, under Sections - 307, 420, 413, 414, 467, 471 I.P.C., Police Station - Mandi Dhanaura, District - Amroha, during pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Anil Gurjar and Sonu have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 3523 of 2019 and 44852 of 2018, vide orders dated 17.04.2019 and 26.11.2018 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. Though the applicant is stated to have criminal history similar to that of the aforesaid co-accused, it has been further submitted that the applicant has been confined for more than 15 months.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 18.12.2019 Abhilash