Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11613 of 2018 Applicant :- Dhiraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha 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, F.I.R. was lodged against six accused persons namely, Rakesh Pushpendra, Surendra, Viresh, Dhiraj and Naresh Singh alleging that on 20.1.2018 they were arrested by the police with illegal firearms, cartridges, some motorcycles with forged R.Cs. and number plates and other materials. They also shot fire at police personnels but they escaped themselves.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is a case of no injury. Criminal history of one case has been explained. There is no independent witness. He is languishing in jail since 30.1.2018 (two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 criminal history has been explained.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Dhiraj involved in Case Crime No. 08 of 2018, under Section 41/102 Cr.P.C. and Sections 411, 413, 420, 467, 468, 471, 307 IPC, Police Station Sidhpura, District Kasganj 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 :- 30.3.2018//A. Singh