Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49900 of 2017 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Ashish Srivastava, learned counsel for the applicant, Mr. S.P.S. Chauhan, learned counsel for the informant as well as Mr. Om Prakash, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has been submitted by the learned counsel for the applicant that similarly placed co-accused Shiv Kumar alias Shivraj Singh, who is the brother of the applicant, has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.08.2018 in Criminal Misc. Bail Application No. 31018 of 2018. The case of the present applicant is similar to that of co-accused Shiv Kumar alias Shivraj Singh. The applicant is languishing in jail since 05.11.2017. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned counsel for the informant has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail. It is further contended by the learned counsel for the informant that certain amount is due against the applicant, which may be directed to be paid to the informant, to which learned counsel for the applicant replied that if any amount is due, remedy is available to the informant under the Specific Performance of Contract Act.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Dinesh Kumar, involved in Case Crime No. 492 of 2017, under sections 406, 420, 386, 352, 504, 506 IPC, P.S. Tappal, District Aligarh, 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 investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 20.9.2018 Sazia