Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15534 of 2018 Applicant :- Mahendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that co- accused Mansharam has been granted bail by this Court on 02.04.2018 vide Criminal Misc. Bail Application No. 11701 of 2018. He further submits that since the role of the applicants are not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants have no criminal history. The applicants are in jail since 03.03.2018.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused have already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicants Mahendra and Dharmendra involved in Case Crime No. 173 of 2018, under Sections 5/25 Arms Act, P.S. Civil Line, District Badaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.4.2018 Sanjeet