Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3383 of 2019 Applicant :- Gopal Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Gopal Rai has prayed to release him on bail in Case Crime No. 52 of 2018, u/s 419, 420, 467, 468, 471, 506 I.P.C., P.S. Dildar Nagar, District Ghazipur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number. He has never received any amount for getting job given in Railway or anywhere from informant or anyone else. He is of no concern and has been falsely implicated in this case crime, but even then he has made payment of alleged money to informant by way of Demand Draft, copy of which has been filed along with supplementary affidavit. The offence is exclusively trible by Magistrate 1st Class. He is of no criminal antecedent. He is languishing in jail since long. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and considered the material produced on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Gopal Rai, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 Pcl