Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35796 of 2018 Applicant :- Jogendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is not named in the first information report. He has been implicated on account of statement of co-accused. He had no prior criminal history and he has been implicated in two more cases simultaneously as explained in para 11 of the affidavit filed in support of the bail application. The applicant is in jail since 03.07.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India 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 applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jogendra involved in Case Crime No.622 of 2018, under Sections 395, 342, 412 IPC, Police Station Baghpat, District- Baghpat be released on bail on his 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 20.9.2018 SS