Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32280 of 2018 Applicant :- Hanspal Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is not named in the first information report. He has criminal history of four cases. The applicant has disclosed three cases in para 10 of the affidavit and has stated that he has been implicated in several cases in a single transaction. The applicant is on bail in all the cases. He has been implicated in another Case Crime No.780 of 2017 wherein he has been enlarged on bail by this Court vide order dated 13.8.2018 in Criminal Misc. Bail Application No.30350 of 2018. He is in jail since 10.4.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Hanspal involved in Case Crime No.2547 of 2017, under Sections 392, 411, 120B, I.P.C, Police Station Katra, District Shahjahanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.8.2018 T. Sinha