Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53099 of 2019 Applicant :- Pradeep @ Bauwa Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant submits that applicant has been falsely implicated in the arms act on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Applicant is in jail since 04.09.2018. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Let applicant- Pradeep @ Bauwa be released on bail in Case Crime No. 215 of 2018 (Sessions Trail No.106 of 2018), under Section 3/25 Arms Act, Police Station Kulpahar, District Mahoba on his furnishing a personal bond and two reliable sureties 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 appear on the date fixed by the trial Court.
iv. The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspect of the commission.
v. The applicant shall not directly or indirectly make any inducement, thereat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 A.Kr.*