Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6383 of 2019 Applicant :- Kamal Opposite Party :- State Of U.P. Counsel for Applicant :- Amir Khan 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- Kamal seeks bail in Case Crime No. 01 of 2017, under Sections 147,148, 149, 307, 435, 436, 395, 397, 323, 504, 506, 332, 353, 427, 186, 336, 34, 452, 120-B IPC, 3/4 of Protection of Pubic Damages Act and Section 7 of Criminal Law Amendment Act, P.S. Madanpur, District- Deoria.
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 the applicant is not named in the first information report and his name has surfaced for the first time in the statement of one Sheru after about four months of the incident. Learned counsel for the applicant has next submitted that similarly placed co-accused Fakhrey Alam has already been granted bail by this Court in Criminal Misc. Bail Application No. 28640 of 2017 vide order dated 10.8.2017 and several other co-accused persons have also been granted bail. Lastly, it is submitted that applicant is in jail since 23.1.2019 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. The applicant has no previous criminal history to his credit and subsequently he has been falsely implicated in a case registered as vide case crime no. 3 of 2017 in which he has also not been nominated as an accused.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail and applicant has no previous criminal history.
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 Kamal 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