Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5249 of 2019 Applicant :- Dannu Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mathur Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dannu seeking bail in Case Crime No. 250 of 2017, under Sections 363, 368 IPC, Police Station Kuth Fatehgarh, District Sambhal.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in the present Case Crime No. 250 of 2017, under Sections 366, 376D IPC, the applicant has already been granted bail by this Court in Criminal Misc. Bail Application No. 24877 of 2018 vide order dated 05.07.2018. However, subsequently charges under Sections 363, 368 IPC has also been framed against the applicant, as such, he moved bail application before the court below but his bail application was rejected by the court below.
Learned counsel for the applicant has next submitted that similarly placed co-accused Raju has already been granted bail by this Court in Criminal Misc. Bail Application No. 5577 of 2019 vide order dated 07.02.2019 and the case of the applicant stands of the same footings, as such, he may be released on bail.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 19.10.2017 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 for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has already been granted bail by this Court in same case crime number under Sections 366, 376D IPC and that the applicant has no criminal history to his credit and he is in jail since 19.10.2017.
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 Dannu 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 :- 25.2.2019 Nadim