Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41188 of 2018 Applicant :- Raju Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Raju Singh seeking bail in Case Crime No. 325 of 2018, under Sections 363, 366 IPC, Police Station Nababganj, District Farrukhabad.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and his name has surfaced subsequently in the statement of the co-accused. He has further submitted that the victim Fareen Bano is already married with Raghvendra and they have solemnized their marriage on 06.06.2018.
Learned counsel for the applicant has further submitted that the co- accused Raghvendra has already been granted bail by this Court in Criminal Misc. Bail Application No. 35193 of 2018 vide order dated 18.09.2018.
He has further submitted that the applicant has no criminal history to his credit and he is in jail since 17.06.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that the similarly placed co-accused Raghvendra has already been granted bail by this Court and the applicant has no criminal history to his credit.
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 the applicant Raju Singh 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 :- 29.10.2018 Nadim