Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45996 of 2017 Applicant :- Rakesh And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submitted that the applicants have not been named in the F.I.R. and, therefore, no role has been assigned in the commission of offence. He further contended that the applicants have falsely been implicated in the present case due to enmity. In the statement made by the victim general role has been assigned to the applicants. No specific role has been stated in the statement of the witnesses regarding role of the applicants. He also contended that co-accused has been granted bail by this Court on 10.11.2017. Lastly he submitted that the applicants are in custody since 3.9.2017 and he undertakes that applicants will not misuse liberty of bail, if they are released on bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Rakesh, Raju and Mahesh involved in Case Crime No.408 of 2017, under Sections 147,148,149,307,324 and 452 IPC, P.S. Hayat Nagar, District Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.11.2017 Asha