Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15717 of 2018 Applicant :- Gokaran @ Kalla Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicants on bail in Case Crime No.492 of 2016, under Sections 457, 380 I.P.C., Police Station Purandarpur, District Maharajganj.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. It is further submitted that recovery made against the applicants is planted and the applicant was not named in the cases shown against him. It is next submitted that no independent witness has been produced to prove the recovery. It is next submitted that in five cases shown against the applicants, they have been granted bail by the court below. It is lastly submitted that there is also no possibility of their either fleeing away from the judicial process or tampering with the witnesses and they are in jail since 01.01.2017.
Learned A.G.A. has, however, opposed the prayer for bail to the applicants but could not dispute the facts as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let applicants Gokaran @ Kalla, Evaz, Jai Prakash and Parsadi be released on bail in the aforesaid case crime number on their furnishing a personal bond with two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.4.2018 Anand Sri./-