Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44223 of 2018 Applicant :- Chhotu Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Narain Rai,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed by learned counsel for the applicant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Chhotu Chaudhary seeking bail in Case Crime No. 66 of 2018 under Sections 60/63 U.P. Excise Act and Sections 419, 420, 467, 468, 471, 272, 273 IPC, Police Station Bairia, District Ballia.
Learned counsel for the applicant has submitted that the applicant has not been arrested on the spot and no recovery has been made either from his possession or at his pointing out. Learned counsel for the applicant next submitted that similarly placed co-accused Balveer who was arrested on the spot has already been granted bail in Crl. Misc. Bail Application No. 21232 of 2018 vide order dated 05.07.2018 and the other co-accused Golu in Crl. Misc. Bail Application No. 22564 of 2018 has also been granted bail vide order dated 20.06.2018. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit.
Learned counsel for the applicant has next submitted that the applicant is in jail since 18.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact and the fact that the applicant is in jail since 18.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Chhotu Chaudhary be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 Ashok Gupta