Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49082 of 2017 Applicant :- Mahesh Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Tej Kulshrestha,Manoj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta, J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mahesh Chandra seeking bail in Case Crime No. 560 of 2017, under Sections 364-A, 120-B IPC, P.S. Fatehpur Sikari, District Agra.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and his name has surfaced subsequently in the statement of the victim Golu. The only role assigned to the applicant is that when the victim was being taken away by the accused persons, the applicant met them on the way and asked as to whether task is over.
He has further submitted that except the said statement, there is absolutely no clinching evidence to connect the applicant with the present case. The victim Golu has already been recovered and there is no allegation that any ransom has been paid.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and there is no chance of applicant fleeing away from the judicial process and tampering the evidence and he is in jail since 14.09.2017, as such, the applicant Mahesh Chandra may be released on bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Mahesh Chandra 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 :- 23.2.2018 Nadim