Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48994 of 2018 Applicant :- Nitin Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Nitin for bail in Case Crime No. 1130 of 2018, under Section 395, 397, 427, 412 I.P.C., Police Station Baghpat, District Baghpat.
Heard Sri Jawahir Yadav, learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case along with co-accused Nitin Sharma and Mohit Yadav. The applicant is not named in the F.I.R. No incriminating article has been recovered from his possession regarding the said incidence. There is no independent public witness to the aforesaid case. He is languishing in jail since 10.9.2018 in a false case under Section 25 Arms Act. No identification parade got conducted by police. Co-accused Nitin Sharma and Mohit Yadav have already been enlarged on bail by the co- ordinate Bench of this Court. Copy of their bail orders were placed on record. Learned counsel for the applicant further submitted that applicant is also entitled to be released on bail on the ground of parity.
Learned A.G.A. has vehemently opposed the prayer for bail. However, he has not disputed the aforesaid facts.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Nitin involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.12.2018 Saurabh