Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55816 of 2019 Applicant :- Dilwar Habib Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Rai, Kamal Krishna (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Kamal Kant, learned Senior Advocate, assisted by Sri Pradeep Kumar Rai, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Dilwar Habib with a prayer to release him on bail in Case Crime No. -
316 of 2019, under Sections - 364-A, 392, 411, 419, 420, 467, 468, 471, 344, 370 I.P.C. and 7/8 POCSO Act, Police Station - Khuldabad, District - Prayagraj, during pendency of trial.
4. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Santosh Sahu, Pradeep Kumar and Vikas Singh have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 53328 of 2019, 51689 of 2019 and 52228 of 2019, vide orders dated 02.12.2019, 09.12.2019 and 10.12.2019 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. As to criminal history, it has been submitted, upon institution of the present case, the applicant has been falsely implicated in two other cases.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 Abhilash