Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52181 of 2019 Applicant :- Bablu Kewat Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri O.P. Mishra, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 360 of 2019, under Sections 392, 411 and 120-B I.P.C., Police Station-Gajrola, District Amroha.
It is submitted that the applicant is not named in the first information report and nothing has been recovered form his possession. It is further submitted that the co-accused Mahkar has already been granted bail by this Court vide order dated 20.11.2019 passed in Criminal Misc. Bail Application No. 50764 of 2019. The case of the applicant is also identical to the co-accused. The applicant is in jail since 03.09.2019.
Learned AGA does not dispute the aforesaid fact and has contended that the role assigned to the present applicant is almost similar to that of co-accused person who has already been enlarged on bail by this Court.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Bablu Kewat, involved in the above mentioned case 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 in the aforesaid case crime with the following conditions:-
(i) The applicant will not temple with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of Court, will attend the Court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-