Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45787 of 2018 Applicant :- Om Prakash Sahu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahadeo Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Amit Kumar Dixit, Advocate has filed his Vakalatnama on behalf of informant and the same is taken on record.
Heard Sri Amit Kumar Dixit, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 178 of 2018 under Sections 302 & 201 I.P.C. P.S. Baberu, District Banda.
Learned counsel for the applicant stated that the accused has been falsely implicated in this case only on the basis of confessional statement of co-accused Chhote @ Dildar; no recovery of any incriminating article has been made from the accused appellant; he has no criminal history; he is not named in the F.I.R. as the same was lodged against unknown persons; the accused applicant is in jail since 28.08.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the complainant as well as learned A.G.A. has opposed the prayer of bail however, he has admitted that there is no evidence except confessional statement of the co- accused.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Om Prakash Sahu involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2018 A. Mandhani