Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15319 of 2017 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that the informant has given an affidavit before the Sessions Court stating that he has implicated the applicant only because of dispute regarding land pending in the Court and applicant has been implicated on the ground of doubt. A counter affidavit has been filed by the learned A.G.A. wherein this fact stated in the affidavit has not been disputed. The applicant is in jail since 15.03.2017 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Pankaj, be released on bail in Case Crime No. 268 of 2016, under section 307 I.P.C, P.S. Singhawali Aheer, District- Baghpat on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 30.7.2018 Rohit