Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49110 of 2018 Applicant :- Deepak Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Mishra,Umesh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by the applicant- Deepak Kumar for bail in C.N.R No.UPHTO I-006287 of 2018, case crime no.535 of 2018, under sections 420, 467,468,471 I.P.C, Police Station Kotwali Hathras, District Hathras.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and also perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He has no criminal history. He has further submitted that the applicant has not committed any crime. The offence is triable by the Magistrate. The applicant is in jail since 15,11,2018.
It has further been contended by the learned counsel for the applicant that co-accused Sonpal vide order dated 1.8.2018 passed in Crl. Misc. Bail Application No.28851 of 2018, having same role, has been granted bail by co- ordinate Bench of this Court, hence the applicant is also entitled for bail on the ground of parity.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant- Deepak Kumar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.12.2018 G.S