Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37874 of 2018 Applicant :- Mukhtyar Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Sonu Kumar Tiwari, learned counsel for the applicant, on the second bail application field on behalf of the applicant namely Mukhtyar Khan and Sri Rajesh Mishra, learned AGA appearing on behalf of the State.
The first bail application was rejected on 22.05.2017 by this Court. It has been contended that subsequent to the rejection of the first bail application the co-accused namely Santosh, Kishori, Naumi Singh and Lalit @ Lalitesh, have been granted bail, copy of which is annexed as annexure as annexure no.3 to the affidavit filed in support of the bail application. He further contended that the role Lalit @ Lalitesh and Naumi Singh is identical to the role of present applicant, with whom parity has been claimed. The applicant is in jail since 25.11.2016.
Sri Rajesh Mishra, learned AGA appearing for the State does not dispute the factum of parity. However, he opposes the bail application with the contention that there is criminal history of 7 cases of the applicant.
On being asked as to whether the criminal history pertains to any heinous offence. It has not been disputed by the learned AGA that the criminal history does not pertains to any heinous offence.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Mukhtyar Khan involved in Case Crime No.361 of 2016, under Sections 302, 394, 120-B, 411, IPC, Police Station Civil Line, District Aligarh be released on bail on his furnishing a personal bond with 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 pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.11.2018 VKG