Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28301 of 2018 Applicant :- Nem Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons namely, Mukesh Sharma and Nem Singh alleging that on 5.4.2018 accused Mukesh Sharma was arrested by the police with 25 illegal country-made pistols, cartridges and other materials and Nem Singh was arrested by the police with ten countrymade pistols 315 bore, cartridges and other materials.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Co-accused namely Mukesh Sharma has already been granted bail by co-ordinate Bench of this Court vide order dated 19.6.2018 in Criminal Misc. Bail Application No. 22330 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. He is languishing in jail since 5.4.2018 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal hitory.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Nem Singh involved in Case Crime No. 210 of 2018, under Section 3/5/7/12/25 Arms Act, Police Station Sasani Gate, District Aligarh 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 :- 30.7.2018 A. Singh