Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15964 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that applicant was named in the FIR but charge sheet was not submitted against this accused and after recording statements of two witnesses, this accused and co-accused Anoj were summoned under Section 319 Cr.P.C. Then they moved bail application and which were rejected. There is no evidence against this accused. No opportunity of cross-examination was given to this accused. He is languishing in jail since 14.3.2018(more than one and half month) having no previous criminal history. All other co-accused have been enlarged on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Manoj involved in S.T. No. 1025 of 2014, Case Crime No. 325 of 2012, under Sections 302/34, 328/34, 506 IPC, Police Station Pilakhuwa, District Panchsheel Nagar Now Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2018 P.P.