Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26331 of 2018 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Pandey,Bhriguram Ji,Yadvendra Yadav Counsel for Opposite Party :- G.A.,Ms. Tabassum Hussain,Tabassum Hashmi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned AGA for the State and Shri Vivek Singh, learned counsel for the complainant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rakesh Kumar with a prayer to release him on bail in Case Crime No. 0046 of 2017, under Sections 419, 420, 468, 471 IPC, Police Station Chilha, District- Mirzapur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. During the pendency of the civil dispute between the parties, the First Information Report has been lodged alleging that applicant has passed the High School Examination in IIIrd division but has fabricated the same and is showing himself passed in Ist Division in High School Examination.Learned counsel for the applicant has argued that as per certificate attached as annexure-2 issued by the Sampuranand Sanskrit Vishwavidhyala the applicant has passed the High School Examination in Ist Division. The applicant is languishing in jail since 27.6.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has argued that applicant has fabricated the marksheet.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Rakesh Kumar 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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 :- 30.7.2018 Atul kr. sri.