Court No. - 55
Case:CRIMINAL MISC BAIL APPLICATION No-42859 of 2018 Applicant :- Gopalji And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Surat Patel,Anand Kumar Mishra,Rajiv Kumar Mishra,Virendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri Virendra Singh Chauhan and Sri Rajiv Kumar Mishra, learned counsels for the applicants and Sri G.P. Singh, Sri Aatrey Dutt Mishra & Sri B.A. Khan, learned AGA for the State and Sri Mayank Awasthi & Sri Kunwar Ritesh Kumar, learned Brief Holders for the State.
Learned counsel for the applicants submitted that the applicants are in jail since 09.10.2018. He further submitted that apart from this, two cases are registered against the applicants and both are of 60 Excise Act in which they are already bailed out. It is next submitted that co-accused- Veer Singh has since been granted bail by order dated 19.04.2019 passed in Criminal Misc. Bail Application No. 7268 of 2019. It is further submitted that the applicants have been falsely implicated.
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- Gopalji & Manoj Badhai, be released on bail in Case Crime No. 95 of 2018, under Sections 420, 467, 468, 272 IPC & Section 60/72 of Excise Act, P.S.- Gohan, distt- Jalaun, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 29.4.2019/P Kesari [Vikram Nath, J.]