Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25175 of 2019 Applicant :- Awnish Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that co-accused has been granted bail by this Court on 21.1.2019 vide Criminal Misc. Bail Application No. 2538 of 2019. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Applicant is in jail since 29.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Awnish Kumar involved in Case Crime No. 229 of 2014 under Sections 147, 148, 307, 302, 394 IPC, Police Station Tilhar, District - Shahjahanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019/safi