Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33090 of 2017 Applicant :- Kaluwa Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Amit Kumar Srivastava, learned counsel for applicant and learned A.G.A. for respondents.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 559 of 2014, under Sections 302, 395, 411 IPC, Police Station Hasanpur, District Jyotiba Phule Nagar (Amroha).
3. It is contended that applicant is not named in First Information Report and he has been falsely implicated in the present case; applicant has no criminal history and there are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. Co-accused, Surendra Singh, Munshi and Neeraj Gane Singh alias Ganeshi have already been granted bail by this Court vide orders dated 02.12.2015, 28.11.2016 and 14.12.2015 passed in Criminal Misc. Bail Applications No. 41659 of 2015, 44313 of 2015 and 9342 of 2015, respectively. The applicant is in jail since 12.09.2014 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Sunil, involved in Case Crime No. 559 of 2014, under Sections 302, 395, 411 IPC, Police Station Hasanpur, District Jyotiba Phule Nagar (Amroha) be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 22.8.2019 AK