Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41157 of 2018 Applicant :- Pappu Alias Manoj Adiwasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 289 of 2013, under Sections 354, 323, 506 IPC, Police Station Koraon, District Allahabad.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The allegation of committing indecent act has been made against the applicant which is absolutely cooked up and concocted.
Learned counsel for the applicant has next submitted that however during the course of investigation, the applicant was released on bail by furnishing personal sureties but subsequently charge-sheet has been submitted against him.
He has further submitted that the applicant has no criminal history to his credit and he is in jail since 22.09.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant has no criminal history to his credit and he is in jail since 22.09.2018.
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 Pappu Alias Manoj Adiwasi 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 :- 31.10.2018 Nadim