Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24678 of 2019 Applicant :- Baldev Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Supplementary affidavit filed today be kept on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Baldev, who is involved in Case Crime No. 403 of 2019, under Sections 420 of I.P.C. and under Section 66C of I.T. Act, Police Station- Kavinagar, District- Ghaziabad.
The contention of the learned counsel for the applicant is that the applicant was not named in the first information report and only on the basis of the statement made by another co-accused Mudit Singhal, the applicant has been implicated in the instant case almost after three months of the lodging of the first information report. Further contention of the learned counsel for the applicant is that the applicant was never involved in any criminal case earlier and he is in jail since 21.5.2019.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing learned counsel and 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, Baldev, be released on bail in Case Crime No. 403 of 2019, under Sections 420 of I.P.C. and Section 66C of I.T. Act, Police Station- Kavinagar, District- Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date. He will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 praveen.