Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23766 of 2019 Applicant :- Lal Bahadur Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
At the outset, learned counsel for the applicant submitted that the co- accused- Achhaibar Chaudhary, having been assigned similar role as that of the applicant, has since been granted bail by order dated 24.04.2019 passed in Criminal Misc. Bail Application No.17242 of 2019. It is also submitted that the applicant is in jail since 12.02.2019.
Having considered the submissions, case for bail has been made out.
Let applicant- Lal Bahadur Nishad be released on bail in Case Crime No.38 of 2019, under Section 272 IPC and 60(2), 63 Excise Act, Police Station- Ahirauli Bazar, Distt.- Kushinagar, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 7.6.2019 bgs/