Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39923 of 2018 Applicant :- Indul @ Tedha @ Loda Opposite Party :- State Of U.P.
Counsel for Applicant :- Ruhi Yadav,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 553 of 2015, under Section 307 IPC, Police Station Iglas, District Aligarh.
Learned counsel for the applicant has submitted that the applicant has not been named in the FIR and his name has surfaced in the statement of co-accused Nisar.
Learned counsel for the applicant has further submitted that the co- accused Nisar, Shakir and Anees @ Haddi have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 36544 of 2017, 17695 of 2017 and 35832 of 2017 vide orders dated 21.09.2017, 13.06.2017 and 19.09.2017 respectively.
He has next submitted that the applicant is in jail since 14.08.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the co-accused has already been granted bail by this Court and the applicant is in jail since 14.08.2018.
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 applicant has made out a case for bail.
Let the applicant Indul @ Tedha @ Loda be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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 :- 31.10.2018 Nadim