Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40825 of 2019 Applicant :- Braj Kishor Opposite Party :- State Of U.P.
Counsel for Applicant :- Karan Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 23.8.2019.
It is further submitted that the applicant was not arrested on spot and no recovery has been made from his possession. It is further submitted that main accused Atul Yadav has already been granted bail by this court vide order dated 6.5.2019 passed in Criminal Misc Bail Application No. 18372 of 2019.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused 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 Braj Kishor be released on bail in Case Crime No. 133 of 2019, under Sections 60,63,72 of Excise Act and Under Section 420, 467, 468, 471 IPC, P.S. Kotwali, District Jhansi on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 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 whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.9.2019 RavindraKSingh