Court No. - 55
Case:- CRIMINAL MISC. BAIL APPLICATION No.-329 of 2019 Applicant :- Nitin Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Mishra,Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Supplementary affidavit, filed by the counsel for the applicant and counter affidavit, filed by learned Brief Holder, are taken on record.
Heard Sri Hemant Sharma, learned counsel for the applicant and Sri Mayank Awasthi, learned Brief Holder for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 26.10.2018 and has no criminal antecedents which fact is not disputed by the learned Brief Holder. It is further submitted that the applicant has been falsely implicated on account of land in dispute.
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 applicant- Nitin s/o Jailpal, be released on bail in Case Crime No. 324 of 2018, under Sections 354(B) IPC & Section 8 POCSO Act, Police Station- Khanpur, district- Bulandshahr, on furnishing a personal bond and two sureties each of the like amount before the 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 after release.
(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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 30.4.2019 P Kesari [Vikram Nath, J.]