Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45322 of 2018 Applicant :- Pushpendra Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar 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 Pushpendra seeking bail in Case Crime No. 398 of 2016, under Sections 147, 148, 149, 307, 323, 354, 506 IPC, Police Station Etmadpur, District Agra.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that even as per the, statement of the victim Rakesh, no role of causing any injury to him has been assigned to the applicant.
Learned counsel for the applicant has next submitted that similarly placed co-accused Lokendra has already been granted bail in Crl. Misc. Bail Application No. 43483 of 2016 vide order dated 03.08.2017.
Learned counsel for the applicant has further submitted that the applicant is in jail since 11.10.2018 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. Learned counsel for the applicant has further submitted that applicant has no criminal history to this credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co-accused has already been granted bail and that the applicant is in jail since 11.10.2018.
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 Pushpendra 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 :- 28.11.2018 Ashok Gupta