Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45781 of 2018 Applicant :- Pramod Opposite Party :- State Of U.P.
Counsel for Applicant :- Sai Girdhar,Anjul Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pramod seeking bail in S.T. No. 889 of 2017 arising out of Case Crime No. 213 of 2015, under Sections 147, 148, 149, 323, 325, 354, 452, 307 I.P.C., P.S. Iglas, District Aligarh.
Learned counsel for the applicant has submitted that the applicant was granted bail in the present case registered as Case Crime No. 213 of 2015, under Sections 147, 148, 149, 323, 354, 452 and 506 I.P.C vide order dated 26.08.2015. However, subsequently Sections 325 and 307 I.P.C. were added and his bail was rejected and now, applicant has come to this Court.
Learned counsel for the applicant has drawn the attention of the Court to the decision of the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No. 10179 of 2017, Manoj Suresh Jadhav vs. State of Maharashtra, dated 7.5.2018 in which under similar circumstance the Hon'ble Apex Court has granted bail to the accused.
Learned counsel for the applicant has next submitted that similarly placed co-accused Dinesh has already been granted bail by this Court in Criminal Misc. Bail Application No. 36990 of 2018 vide order dated 27.09.2018.
Learned counsel for the applicant has further submitted that the applicant is in jail since 26.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that, previously in the present case, applicant was already granted bail but his bail has now been rejected on addition of Sections 325 and 307 I.P.C. Learned AGA also could not further dispute the fact that the applicant is in jail since 26.9.2018 and co- accused has already been granted bail and applicant has no criminal history to his credit.
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- Pramod 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 :- 30.11.2018 KU