Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41227 of 2018 Applicant :- Rahat Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rahat seeks bail in Case Crime No. 487 of 2018, under Sections 397, 412, 307 IPC, P.S. Chandpur, District- Bijnor.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report. Learned counsel for the applicant has further submitted that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. No recovery whatsoever has been made from his possession. The recovery is false and planted and there is no independent witness to corroborate the said recovery.
Learned counsel for the applicant has further submitted that co-accused Sandeep and Gurvendra Singh @ Tanu has already been granted bail by this Court in Criminal Misc. Bail Application Nos. 36460 of 2018 and 38981 of 2018 vide orders dated 25.9.2018 and 10.10.2018. Lastly, it is submitted that applicant is in jail since 24.7.2018 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 AGA has opposed the prayer for bail, but could not dispute the fact that co-accused has already been granted bail.
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 applicant Rahat 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 :- 29.10.2018 KU