Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17901 of 2019 Applicant :- Devraj Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Devraj has prayed to release him on bail in Case Crime No. 448 of 2018, u/s 395, 412, 342 I.P.C., P.S. Patiyali, District Kasganj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He is with a criminal history of six cases in which he is on bail, as has been written by a coordinate Bench of this court in the order dated 13.8.2018 passed in Criminal Misc. Bail Application No. 30445 of 2018 and co-accused Rampal and Manish Kumar have already been enlarged on bail by a coordinate Bench of this court vide orders 13.2.2019 and 8.3.2019 passed in Criminal Misc. Bail Application Nos. 6277 of 2017 and 10151 of 2019, respectively, and the applicant is with same accusation. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Perusal of report reveals that it was got lodged against unknown persons. Subsequently accused persons were apprehended when they were boarding in the alleged looted Truck and Bolero. Co- accused Rampal and Manish Kumar with same accusation have been enlarged on bail by this court. The present applicant is on bail in cases shown in his criminal history as was mentioned in the order passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 30445 of 2018. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Devraj, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 Pcl