Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26594 of 2017 Applicant :- Dharam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mukhtar Alam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Savita Kumari, Dharm Singh and Mohd. Salim Ansari alleging that they have made forged order of Special Judge(E.C.Act)/Additional Sessions Judge, Bijnor and submitted.
It is submitted by learned counsel for the applicant that due to enmity with regard to election of Pradhan, the applicant has been falsely implicated. He is languishing in jail since 15.3.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Savita Kumari has been granted bail by this Court on 21.11.2017 vide Criminal Misc. Bail Application No. 23135 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the case of this accused is identical to the case of co-accused Savita Kumari.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dharam Singh involved in Case Crime No.98 of 2017, under Section 419, 420, 468, 469, 471 IPC, Police Station Nehtaur, District Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2017//A. Singh