Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3915 of 2019 Applicant :- Mayank Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on account of various reasons. He has already been admitted to bail in the matter contained in the gang chart relating to the Case Crime No.444 of 2017, under Sections 307, 34 IPC, Police Station Baldev, District Mathura and in other cases, no charge sheet has been filed against the applicant and the questionnaire pertaining to the same has been placed on record vide Annexue No.6. Similarly circumstanced another co-accused Jagdish has already been admitted to bail by this Court on 20.4.2018 in Criminal Misc. Bail Application No. 14661 of 2018 and whose bail order has been placed on record vide Annexure No.7 to the affidavit filed in support of this bail application. There is no possibility of the applicant absconding or misusing the liberty of bail. The applicant is languishing in jail since 21.12.2017.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Mayank involved in Case Crime No. 313 of 2017, under Sections - 392, 411, 413 I.P.C. & Section 2/3 U.P. Gangster and Anti Social Activities Act 1986, Police Station - Baldev, District - Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 S Rawat