Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5146 of 2018 Applicant :- Dileep@Peetar Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Yadav
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Dileep@Peetar seeks bail in Case Crime No. 03 of 2010 under Sections 25 Arms Act Police Station Saiyan District Agra during the pendency of trial.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. On account of his being absent before the court concerned on various dates due to certain confusions, a non-bailable warrant was issued against him and in consequence thereof he was taken into custody. The applicant is languishing in jail since 08.11.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Dileep@Peetar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses during the trial.
2. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
3. The applicant shall also furnish an undertaking that henceforth he will attend the court on each and every date and will cooperative in the trial In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S