Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52628 of 2019 Applicant :- Rahul Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Kumar Singh,Abhineet Jaiswal,Sheel Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashutosh Kumar Singh, learned counsel for the applicant as well as Sri Shri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rahul Gautam with a prayer to release him on bail in Case Crime No. 0159 of 2019, under Section 368 IPC, Police Station - Karchhana, District - Allahabad, during pendency of trial.
3. At the outset, it has been stated by learned counsel for the applicant that in exact similar allegations, co-accused Rajesh Kumar, who has been similar role, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.43540 of 2019 vide order dated 19.11.2019. For the reasons contained in that order, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 AHA