Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15141 of 2018 Applicant :- Atul And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Pandey, learned counsel for the applicants, learned A.G.A. and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 1638 of 2014, u/s 306, 506 IPC, P.S. Sihani Gate, District Ghaziabad with the prayer for enlarging them on bail.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in this case on baseless and fanciful allegation. The applicants are real brother of Smt. Sonu, who is stated to have abetted suicide by Kundan. Learned counsel stated that the F.I.R. in this case was lodged on 16.11.2014 after ten months of the incident for which no explanation is forthcoming. It is further argued that similarly placed co-accused Ajay and Vikki have been enlarged on bail in Bail Application no. 662 of 2018 vide order dated 8.1.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicants Atul and Ravi involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 Dhirendra/