Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40157 of 2018 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 138 of 2018, under Sections 147, 148, 149, 302, 504, 506, IPC, Police Station Mirjapur, District Shahjahanpur.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant and Sri Mohd. Nadeem, learned AGA appearing for the State.
The contention of the learned counsel for the applicant that applicant was not named in the first information report, in which the specific role of firing has been assigned to Lalla Babu. After Lalla Babu has been arrested, in his confessional statement the name of applicant has crop up. The further contention is that even if the prosecution story is believe to be true, the role assigned to the applicant is that of accompanying the main accused and of hatching a conspiracy. The applicant is in jail since 25.06.2018 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Rajkumar involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 VKG