Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40974 of 2018 Applicant :- Lakhvinder Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Sohan Singh, Lakhbindar Singh, Sukhbindar Singh and Soni alleging that on 5.6.2018 they were arrested by the police on the spot when they destroying a truck.
It is submitted by learned counsel for the applicant that co- accused namely Sukhbinder Singh and Sohan Singh have already been granted bail by co-ordinate Bench of this Court vide order dated 18.8.2018 and 24.7.2018 in Criminal Misc. Bail Application Nos. 31153 of 2018 and 29597 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Co-accused Sukhbinder Singh was registered owner of the said truck. There is no independent witness against the applicant. He is languishing in jail since 26.9.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Sukhbinder Singh and Sohan Singh who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Lakhvinder Singh involved in Case Crime No. 345 of 2018, under Sections 420, 467, 468 IPC, Police Station Swar, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 A. Singh