Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32597 of 2018 Applicant :- Nanhe @ Chenta Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Initially the accused was on bail. N.B.W. was issued in the year 2017 and he surrendered 1.7.2018 and till then he is languishing in jail (more than one and half months); six cases of criminal history have been explained.
Learned counsel for the applicant submitted that applicant was granted bail by the court below but he could not release from jail due to lack of surety and in the meantime, the Police Station G.R.P. Moradabad lodged another F.I.R. and the applicant was released by this Court; hence due to aforesaid reason, the applicant could not appear before the court below on the date fixed; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let applicant Nanhe @ Chenta involved in Case Crime No. 584 of 2010, under Section 8/21 N.D.P.S., Police Station Katghar, District - Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.8.2018 OP