Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40657 of 2018 Applicant :- Praveen Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Praveen in Case Crime No.292 of 2018, under Sections 302, 201 and 120-B I.P.C., Police Station Kotwali Hathras Gate, District-Hathras with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is not nominated in the F.I.R. The named accused, Harish Kumar was arrested by the police and his statement was recorded after a week in which he has disclosed the name of the applicant to have participated in the commission of instant crime. Except confessional statement of co- accused, there is no other evidence to connect the applicant with the present crime. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.3.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Praveen 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 MN/-