Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36645 of 2018 Applicant :- Arpit Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Daya Shankar Mishra,Chandrakesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Arpit Tyagi seeking bail in Case Crime No.1447 of 2018, under Section 25/27 of Arms Act, P.S. Sihanigate, District Ghaziabad.
Learned counsel for the applicant has submitted that according to the prosecution case the applicant was arrested by the police on 14.07.2018 along with Amar Singh @ Thakur, Dharmendra @ D.K., Kuldeep and Anuj @ Gattu @ Dabloo alleging that one looted car was recovered from the possession of Amar Singh along with firearms. He has further submitted that from the possession of the applicant one pistol and seven live cartridges were recovered.
Learned counsel for the applicant has further submitted that the applicant has already been granted bail in the main case registered vide Case Crime No. 1443 of 2018, under Sections 411, 414, 482, 353, 323, 504 I.P.C., P.S.-
Sihanigate, District-Ghaziabad in Criminal Misc. Bail Application No. 39427 of 2018 vide order dated 11.10.2018.
He has further submitted that the applicant is in jail since 15.07.2018 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. It is further submitted that the applicant has no previous criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that in the connected Case Crime No. 1443, the applicant has already been granted bail and that the applicant is in jail since 15.07.2018 but has further submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Arpit Tyagi 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 :-
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 Arun Gangwar