Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7556 of 2019 Applicant :- Jabbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Jabbar seeks bail in Case Crime No. 241 of 2018, under Sections 379, 427 IPC, P.S. Rohta, District- Meerut.
Learned counsel for the applicant has submitted that first information report was lodged under Sections 147, 148, 149, 308, 324 IPC, in which the applicant was nominated as an accused. Pursuant to the said sections, the applicant surrendered before the court below and filed an application for bail in the aforesaid sections, which was rejected vide order dated 2.8.2018. Consequent thereto the applicant filed Criminal Misc. Bail Application No. 37042 of 2018 before this Hon'ble Court under the said sections. The said application has been allowed today. Subsequently, at the time of filing of the charge sheet, Sections 379, 427 IPC was also added and under the added sections, the bail application has been filed before the court below, which was rejected vide order dated 1.2.2019, as such the present bail application has been filed before this Hon'ble Court.
Learned counsel for the applicant has next submitted that in the present case crime number under Sections 147, 148, 149, 308, 324 IPC, the bail application has already been allowed and no offence under Sections 379, 427 IPC is made out from the allegations and the material collected during the course of investigation. Lastly it is submitted that the applicant in present case crime is in jail since 13.7.2018 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. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that in the present case crime, the applicant has also been granted bail today.
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 applicant Jabbar 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 :- 28.2.2019 KU