Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20107 of 2018 Applicant :- Kamla Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has not committed the present offence. He was store keeper of the said godown. Recovery is false and planted and at the behest of the local police. It was further argued that search team did not inspected the entire godown. Applicant was falsely implicated in the case. Offence under Section 3/7 E. C. Act is not attracted against the applicant as entire cylinders (commercial and domestic) were available in the godown itself. He is languishing in jail since 25.4.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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 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 Kamla involved in Case Crime No. 0267 of 2016, under Sections 3/7 E. C. Act, P.S. Chopan, District Sonbhadra be released on bail on furnishing a personal bond and two heavy 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 he is accused, or suspected of the commission of which he is 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 him 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 :- 28.5.2018 Sachdeva