Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2875 of 2019 Applicant :- Rajeev Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Saran 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- Rajeev seeks bail in Case Crime No. 452 of 2015, under Sections 307, 386, 120-B IPC, P.S. Sikandrabad, District- Bulandshahr.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is not named in the first information report and his name has surfaced in the statement of the first informant under Section 161 Cr.P.C. Learned counsel for the applicant has next submitted that similarly placed co- accused Ajeet @ Cheetah, Omi @ Omprakash and Ravi Yadav have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 34843 of 2015, 35598 of 2015 and 5496 of 2016, vide orders dated 8.10.2015, 5.10.2015 and 24.2.2016. Lastly, it is submitted that applicant is in jail since 28.7.2015 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. The applicant has no criminal history to his credit. The police report has already been filed and the chances of trial being concluded in near future is very bleak.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail and that the applicant is in jail since 28.7.2015.
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 Rajeev 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 :- 22.1.2019 KU