Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49452 of 2018 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant was on bail in this case. The applicant has gone to other district to earn his livelihood due to which he could not appear before the court concerned and the Non-Bailable Warrant was issued against the applicant. It has further been submitted that the applicant is poor-man and he has been falsely implicated in the present case. The applicant shall appear on each and every date before the trial court and shall cooperate with the trial. The applicant is in jail since 18.9.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Dinesh Kumar involved in Case Crime No.304 of 2013, under Sections 363, 376, 366, 368 IPC . Police Station Seohara District Bijnor 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Ashutosh Pandey