Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33037 of 2018 Applicant :- Rakesh Alias Dela Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.,Deepak Kumar Verma,Siya Ram Verma
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, Ms. Akansha Verma holding brief Sri. S.R. Verma, learned counsel for the complainant as well as learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rakesh Alias Dela seeking bail in SST No. 101 of 2018 arising out of Case Crime No. 78 of 2018, under Sections 364, 120B I.P.C., P.S. Bilhaur, District Kanpur Dehat.
Learned counsel for the applicant has submitted that the first information report has been lodged against unknown persons. During the course of investigation on the basis of last seen evidence, the names of three accused persons namely Masoom Raza, Powder and Saddam have been surfaced. It is further submitted by learned counsel for the applicant that co-accused Masoom Raza has already been granted bail by this Court in Criminal Misc. Bail Application No. 4705 of 2018 vide order dated 03.10.2018. He has further submitted that only role assigned to the applicant is that of identifying the victim and he has been charge-sheeted under Section 364 read with Section 120 B I.P.C.
He has further submitted that the applicant is in jail since 23.03.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that co-accused Masoom Raza has already been granted bail and that the applicant is in jail since 23.03.2018 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 Rakesh Alias Dela 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 Arun Gangwar