Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32088 of 2018 Applicant :- Harveer And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants and the informant are closely related. The dispute is within the closely related family members and the other family members have given their affidavits before the Senior Superintendent of Police, Mathura stating that the applicants have been implicated on account of dispute regarding partition of family property.
In the instructions of learned A.G.A. It has not been denied that such affidavits have not been filed by other members of the family before the Senior Superintendent of Police, Mathura.
The applicants have no criminal history and are in jail since 28.7.2018.
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 applicants have made out a case for bail. The bail application is allowed.
Let the applicants Harveer and Madan involved in Case Crime No.219 of 2018, under Section 380, 506, I.P.C, Police Station Magorra, District Mathura be released on bail on their 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 :- 23.8.2018 T. Sinha