Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6294 of 2019 Applicant :- Raj Kumar @ Hanuman Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He is not named in the F.I.R. Nothing has been recovered from his possession. It is entirely a no evidence case against the applicant. It is further submitted that the co-accused Malkhan Singh, from whose possession contraband Ganja is said to have been recovered, has been enlarged on bail by another Bench of this Court vide order dated 18.7.2019 passed in criminal misc. bail application no.18000 of 2018, copy of which has been produced before this Court, which is being taken on record. Case of the applicant is on better footing, therefore, the applicant is also entitled for bail. It is further contended that criminal history shown against the applicant has been properly explained in the application. Applicant is languishing in jail since 22.2.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Raj Kumar @ Hanuman Prasad involved in Case Crime No. 186 of 2017 under Section 8/20 N.D.P.S. Act and Section 120-B IPC, Police Station Ahraura, District Mirzapur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.7.2019 / ss