Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41005 of 2018 Applicant :- Rajeev Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case on 18.9.2018 Dharmendra was arrested by the Police personnel and one mobile was recovered on spot. The present applicant-Rajeev fled away from the place of occurrence.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 25.9.2018 (more than one months); having no criminal history; he was not arrested on spot; no recovery was made on the pointing out of the applicant or from possession of the applicant; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajeev involved in Case Crime No. 593 of 2018, under Section 393 I.P.C., P.S.-Banna Devi, District- Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 OP