Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49070 of 2018 Applicant :- Mukesh Kashyap Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam 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 Mukesh Kashyap seeking bail in Case Crime No. 133 of 2017, under Sections 394, 307, 511 IPC, Police Station Loni Border, District Ghaziabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that first information report was lodged against Ganga Singh and two unknown persons alleging therein on 29.1.2017, three persons came on motor-cycle No. DL7SAJ9620 and tried to snatch the bag containing money from complainant Sandeep Kumar and when Sandeep Kumar and his brother Randeep Kumar resisted, one accused fired a shot, which hit one Rohit due to which he suffered injuries and accused Ganga Singh was arrested by the public alongwith country made pistol. Learned counsel for the applicant has next submitted that name of the applicant has been disclosed in the statement of Ganga Singh. Learned counsel for the applicant has next submitted that similarly placed co-accused Neetu Kumar has already been granted bail by this Court in Criminal Misc. Bail Application No. 47905 of 2017 vide order dated 9.3.2018. Lastly, it is submitted that applicant is in jail since 28.7.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no previous criminal history. Apart from the said case, the applicant is involved in two other cases, in which he has already been granted bail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail by this Court and in the other cases, he has already been released on bail.
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 Mukesh Kashyap 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 :- 20.12.2018 KU