Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41429 of 2018 Applicant :- Rajesh Bind And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Gunjan Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Rajesh Bind, Nanhu and Brijesh Kumar seeking bail in Case Crime No. 515 of 2017, under Sections 323, 313, 504 I.P.C., P.S. Padari, District Mirzapur.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case due to ulterior motive. He has further submitted that no specific role has been assigned to the applicants and only general role has been assigned to as many as four persons including the applicants. Learned counsel for the applicants has further submitted that co-accused Nandlal has already been granted bail by this Court in Criminal Misc. Bail Application No. 39710 of 2018 vide order dated 12.10.2018.
He has further submitted that the applicants are in jail since 20.07.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicants have no criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co- accused Nandlal has already been granted bail and that the applicants have no criminal history to their credit and also could not dispute the fact that the applicants are in jail since 20.07.2018.
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 applicants have made out a case for bail.
Let the applicants Rajesh Bind, Nanhu and Brijesh Kumar be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 30.10.2018 Arun Gangwar