Court No. - 55
Case:CRIMINAL MISC. BAIL APPLICATION No.38773 of 2018 Applicant :- Mittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Kumar Srivastava Counsel for Opposite Party :- G.A.,Ravish Chandra Srivastava with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17949 of 2019 Applicant :- Mittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Kumar Srivastava Counsel for Opposite Party :- G.A.,Ravish Chandra Srivastava
Hon'ble Vikram Nath,J.
Heard Sri Avanish Kumar Srivastava, learned counsel for the applicant, Sri G.P. Singh learned AGA for the State and Sri V.K. Ojha, Advocate holding brief of Sri Ravish Chandra Srivastava, learned counsel for the informant.
Learned counsel for the applicant submitted that the applicant is in jail since 12.08.2018 and has no previous criminal history, which fact is not disputed by the counsel for the opposite parties. It is next submitted that the dispute, if any, can be resolved before the Revenue Courts/Consolidation Courts where the matter is said to be still pending. It is further submitted that the First Information Report is highly belated.
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 applicant- Mittu s/o Sri Bechan, be released on bail in Case Crime No. 0400 of 2018, u/s 419, 420, 467, 468, 120-B, 471 IPC, Police Station-
Rohania, district- Varanasi, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2019 P Kesari [Vikram Nath, J.]