Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20116 of 2018 Applicant :- Rakesh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Safiullah, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that applicants have been falsely implicated due to ulterior motive. It is further submitted that false recovery has been shown against them to show their complicity in the offence, the said recovery has not been made in presence of any independent witness. It is further submitted that criminal history of the applicants have been explained in paragraph nos. 13 and 14 of the affidavit filed in support of bail application. It is further submitted that applicants are in jail since 11.04.2018 and they undertake that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicants Rakesh and Mohan be released on bail in Case Crime No.
217 of 2018, under Sections 398, 401 I.P.C., P.S. Chandausi, District Sambhal, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 30.5.2018 /Bhanu