Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40427 of 2018 Applicant :- Neeraj Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 557 of 2017, under Sections 147, 302, 504, 506, IPC, Police Station Shivli, District Kanpur Dehat.
Heard Sri P. K. Singh, learned counsel for the applicant, Sri Sudhakar Shukla, learned counsel for the complainant and Sri Rajesh Mishra, learned AGA appearing for the State.
Sri P. K. Singh, learned counsel for the applicant submits that three of the co-accused persons namely Prakash, Ajmer Singh and Ramesh, have been granted bail on the ground that the specific role has been assigned to the co-accused Ram Narain @ Numbari and not to the applicant. The applicant is in jail since 09.10.2017 with no previous criminal history.
The counsel for the complainant submits that never the less there is a recovery of a iron rod from the possession of the applicant.
We have perused the order by means of which the three co- accused persons namely Prakash, Ajmer Singh and Ramesh, have been granted bail and finds that no other distinguish have been brought on record.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Neeraj involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
The case of co-accused Ram Narain, who has been assigned the specific role is distinguish from the case of present accused person namely Neeraj.
Order Date :- 26.10.2018/VKG