Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49088 of 2018 Applicant :- Rajesh Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Hasham,Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Rajesh Saini for bail in Case Crime No. 1141 of 2018, under Sections 392, 411 I.P.C., Police Station Civil Lines, District Moradabad.
Heard Sri Syed Faiz Hasnain, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant has submitted that neither the applicant named in First Information Report not arrested from the place of occurrence. His name was figured by co-accused Raju Saini. Police has shown false recovery of Rs. 10,000/- from his possession. No identification parade got conducted by the police. He has no criminal antecedent before this case. He is in jail since 2.11.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Rajesh Saini involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) 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.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.12.2018 Saurabh