Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40150 of 2018 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Mayank 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. 598 of 2017, under Sections 147, 148, 149, 302, 307, 504, 506, IPC, Police Station Nauhjheel, District Mathura.
Heard Sri Abhishek Mayank, learned counsel for the applicant and Sri R. K. Maurya, learned AGA appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been named in the first information report, in which six persons were made an accused. It has been further contended that in the first information report all the six accused persons were assigned a role of indiscriminate firing, but deceased had received only one single gun shot injury. In the statement under Section 161 Cr.P.C. the applicant has been assigned specific role of firing. He further contended that subsequently the P.W.-1 namely Kuldeep has been examined, however, Kuldeep is not an eye witness, but never the less he has been declared hostile. The Arvind, Madan Mohan and Chandra Prakash, who are the eye witness were examined as P.W.-2 P.W.-3 and P.W.-4, respectively, also declared hostile.
Sri R.K. Maurya, learned AGA appearing for the State informed the Court that the applicant has criminal history of four cases. However, the counsel for the applicant submitted that the said criminal history of the applicant have been explained in paragraph no. 12 of the affidavit, which has been duly perused by this Court.
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 Rakesh 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