Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41181 of 2018 Applicant :- Maheepal @ Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari 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 Maheepal @ Chhote seeking bail in Case Crime No. 529 of 2003, under Section 307 IPC, Police Station Muradnagar, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant was granted bail in the present case on 22.10.2003 and thereafter, he left for Mumbai for earning his livelihood, as such, he could not appear before the Trial Court, then NBW was issued against him, thereafter, he surrendered before the court on 17.09.2017 and since then, he is in jail.
Learned counsel for the applicant has next submitted that one more opportunity may be given to the the applicant and he undertakes to cooperate in the trial.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and that the applicant is in jail since 17.09.2017.
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 Maheepal @ Chhote 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 :- 29.10.2018 Nadim