Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45814 of 2017 Applicant :- Avdhesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 238 of 2017, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Gandhipark, District Aligarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is brother-in-law (Jeth) of the deceased; that there are general allegation with no specific role being assigned to the applicant; that similarly placed co- accused Satyadev and Smt. Rakha have been granted bail in Bail Application no. 8409 of 2018 and 43142 of 2017 vide order dated 6.3.2018 and 8.11.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not dispute the fact that the similarly placed other co-accused have been granted bail.
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 applicant Avdhesh Kumar involved in the aforesaid case crime number be released on bail on his 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 :- 27.4.2018 Dhirendra/