Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7425 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav,Shyam Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by S/Sri Atuljit Kulshestra and Manoj Kumar Yadav, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely, Ram Avtar, Gaurav, Rahul, Surendra Singh, Beenu and 3- 4 unknown persons; alleging that on 22.1.2018 they demanded goonda tax rupees one lac per month and threatened to kill Dinesh Singh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness. He is languishing in jail since 23.1.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Ran Avtar has been granted bail by this Court on 20.2.2018 vide Criminal Misc. Bail Application No. 6083 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gaurav involved in Case Crime No. 67 of 2018, under Sections 147, 48, 149, 323, 504, 506, 327, 386 IPC and 3/4 Medical Service Institution (Violence and Prevention of Damages of Property Act) and Section 7 Criminal Law Amendment Act, Police Station Friend Colony, District Etawah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018 A. Singh