Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34864 of 2018 Applicant :- Ishu Alias Devesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Hemraj Sahni, holding brief of Sri Vijay Bahadur Shivhare, learned counsel for applicant, Sheetal Prasad Chakravarty, learned AGA for the State and perused the material on record.
This bail application has been filed by the applicant-Ishu alias Devesh seeking bail in Case Crime No. 207 of 2017, under Sections 376(D), 506 IPC and under section 67,67-A, I.T. Act P.S.Majhgawan, District Hamirpur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even in the statements under sections 161 and 164 Cr.P.C. the date of incident is different and the F.I.R. is delayed by about eight days. Learned counsel for the applicant has next submitted that similarly placed co- accused, Ravindra and Bhoora have already been granted bail by this Court, in Criminal Misc. Bail Application No. 24851 of 2018 vide order dated 04.12.2017 and 31.01.2019 respectively, copies of which orders have been produced before this Court and are taken on record and therefore, the applicant is also entitled for bail on the ground of parity.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 4.12.2017 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Ishu alias Devesh 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 :- 27.2.2019 S.Ali