Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20100 of 2018 Applicant :- Nafees @ Gantha Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Mukti Nath Dwivedi, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant has submitted that applicant is not named in the F.I.R., his name has come into light during the course of investigation. It is further submitted that similarly situated co-accused Santosh Kumar, Ishtiyak, Sri Ram and Nepali @ Ramu have been granted bail by other Benches of this Court vide orders dated 08.05.2017, 11.05.2017, 07.07.2017 and 23.03.2018 in Criminal Misc. Bail Application Nos. 14957, 16021, 24200 of 2017 and 1089 of 2018 respectively and applicant is also entitled to bail on the ground of parity. It is also submitted that nothing has been recovered either from the possession or on the pointing out of the applicant. It is further submitted that applicant who is in jail since 06.09.2017 has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer without disputing that similarly situated co-accused have been granted bail.
Having heard the submissions of learned counsel of both sides and considering the facts and circumstances of the case and without commenting on the merits of the case, I find it a case of bail.
Let applicant Nafees @ Gantha be released on bail in Case Crime No. 1570 of 2016, under Sections 395, 397, 412 I.P.C., P.S. Banda, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/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 for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 :- 29.5.2018/ Bhanu