Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 744 of 2018 Applicant :- Raju Jatav Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today on behalf of the applicant and counter affidavit filed on behalf of the State are taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No.223 of 2017, under Sections 457, 380, 411 I.P.C., Police Station- New Agra, District- Agra.
As per the first information report lodged against unknown persons, house trespass has been committed in the night and valuable articles have been stolen from the house of the informant and he came to know about this fact when his children came to the house on 15.3.2017 and found the lock of door broken. The contention raised on behalf of the applicant is that recovery has been made from co-accused person Indal by the Police and on his confessional statement, the name of the applicant came in the light. Further contention is that Indal from whom the recovery of theft had been made, has already been granted bail by co-ordinate Bench of this Court vide order dated 17.8.2017 in Criminal Misc. Bail Application No. 29243 of 2017. It is further contended that the applicant is languishing in jail since 26.8.2017.
Learned Additional Government Advocate has opposed the prayer for grant of bail but could not controvert the factum of bail being granted to the co-accused Indal.
Considering the facts and circumstances of the case and the fact that complicity of the applicant is common with the other accused in the instant case and since co-accused person having been enlarged on bail, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant- Raju Jatav involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned with the following conditions that :-
(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 Atmesh