Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56386 of 2019 Applicant :- Rajkumar @ Tipu Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dharmendra Kumar, learned counsel for the applicant; as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rajkumar @ Tipu with a prayer to release him on bail in Case Crime No. - 526 of 2016, Case No.1763 of 2017, CNR No. UPKU01-004880-
2019, under Sections -308, 336, 323, 504 I.P.C., Police Station -Ramkola, District -Kushi Nagar, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Sumer has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 22127 of 2019, vide order dated 27.05.2019. For the reasons contained in that order, the present applicant is also entitled for bail. As to the criminal history, it has been submitted that subsequent to the present case, applicant has been falsely implicated in another case also.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 S.Chaurasia