Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33125 of 2019 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.1758 of 2016, under Section 380 IPC, P.S. Nai Mandi, District Muzaffar Nagar.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case and he was not named in the FIR. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. Offence is triable by the Magistrate. He further submitted that the co- accused Ajay alias Bobby has already been enlarged on bail vide order dated 17.4.2017 passed by the another Bench of this Court in Criminal Misc. Bail Application No.12855 of 2017. He further submitted that the criminal history of the applicant has been properly explained in para 8 of the bail application. Lastly, he submitted that the applicant is languishing in jail since 19.5.2017 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Gaurav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 Mini