Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43889 of 2018 Applicant :- Nirmal Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Avinash Pandey
Hon'ble Rajiv Gupta,J.
This is Second Bail Application of the applicant. The first Bail Application being Criminal Misc. Bail Application No. 1013 of 2018 was rejected vide order dated 10.1.2018.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Nirmal seeking bail in Case Crime No. 349 of 2017, under Sections 302,201 IPC, P.S.Sarsawa, District Saharanpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that the similarly placed co-accused, Kallan has already been granted bail by this Court in Criminal Misc. Bail Application No. 38980 of 2018 vide order dated 11.10.2018.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 31.10.2017 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Nirmal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.1.2019 R