Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15733 of 2018 Applicant :- Khalid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.127 of 2018, under Sections 379, 411 I.P.C., Police Station Dilari, District Moradabad.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in this case. It is further contended that neither anything has been recovered from the possession of the applicant nor on his pointing out. It is further submitted that co-accused, namely, Ali Hasan, having identical role, has been granted bail by this Court vide order dated 25.04.2018 passed in Crl. Misc. Bail Application No.15364 of 2018. Accordingly, the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant has no other criminal history to his credit and he is languishing in jail since 20.03.2018.
Learned A.G.A. has, however, opposed the prayer for bail to the applicant but admitted the fact that co-accused, namely, Ali Hasan, having identical role, has already been granted bail by this Court.
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 Khalid be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each 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 :- 27.4.2018 Anand Sri./-