Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44437 of 2018 Applicant :- Jagmeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Jagmeet seeks bail in Case Crime No. 327 of 2018, under Section 60/72 Excise Act and Sections 307, 420, 414 IPC, P.S. Kurrah, District- Mainpuri.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is the driver of the truck, in which the recovered goods have been loaded and he has no concern whatsoever with the said loaded goods. The other accused persons have infact fled away. Learned counsel for the applicant has next submitted that applicant is in jail since 27.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicant is the driver and he has no criminal history to his credit.
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 Jagmeet 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 :- 29.11.2018 KU