Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19829 of 2018 Applicant :- Badri Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. Co-accused Sachin Rastogi, Virendra Rastogi, Thakur @ Shantrughan Singh, Pradeep Kohli and Sonu @ Saravjeet Singh have already been admitted to bail by this Court, whose bail orders have been annexed as annexure no.2 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 30.08.2017.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Badri involved in Case Crime No.177 of 2017, under Section 395 I.P.C., Police Station Fatehganj Purvi, District Bareilly, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.5.2018 rkg