Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48274 of 2018 Applicant :- Lal Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Lal Babu seeking bail in Case Crime No. 635 of 2018, under Sections 379, 307, 153A I.P.C., 3/5/8 U.P. Prevention of Cow Slaughter Act and 7 C.L.A. Act, Police Station Saini, District Kaushambi.
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 submitted that the applicant is not named in the F.I.R. and his name has surfaced for the first time in the statement of one Ritesh Kumar after nine days of the incident though he said to have accompanied the first informant who has reached the place of incident on the alarm raised by Ritesh and had seen the accused persons and identified them to be the applicant yet his name has not been mentioned in the First Information Report itself. Had the applicant been present there his name would have certainly been mentioned in the FIR in the absence of which the prosecution case becomes doubtful and prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant is in jail since 1.11.2018 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 criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 1.11.2018 and has not been named in the F.I.R.
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 the applicant Lal Babu 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 :- 18.12.2018 Md Faisal