Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10810 of 2018 Applicant :- Dharmvir Opposite Party :- State Of U.P.
Counsel for Applicant :- Faizur Rahman,Rafeek Ahmad Khan,Rahul Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
This is second bail application of applicant after rejection of his first Criminal Misc. Bail Application No.33216 of 2017 vide detailed order dated 7.11.2017.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Rakesh Prasad, Advocate holding brief of Sri Rahul Chaudhary, learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that after rejection of first bail application of applicant, co-accused Sumit Babu and Dhruv Singh with identical role, have been granted bail by this Court vide order dated 28.9.2018 passed in Criminal Misc. Bail Application No.1420 of 2018 and main accused Anil has also been granted bail by a co-ordinate Bench of this Court vide order dated 31.1.2019 passed in Criminal Misc. Bail Application No.7128 of 2018, copies produced for perusal and are taken on record; that moreover the prosecutrix and first informant in their statements on oath before the trial court as P.W.-1 & P.W.-2 have not supported the prosecution case and have turned hostile; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 17.6.2017.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Dharmvir be released on bail in Case Crime No.80 of 2017, under Sections 366, 376D I.P.C., P.S. Sahayal, District Auraiya, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 26.7.2019 Kpy