Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2 of 2019 Applicant :- Ramfal Opposite Party :- State of U.P.
Counsel for Applicant :- Bhupendra Pal Singh,Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Sudhir Agarwal,J.
1. Heard Mr. Bhupendra Pal Singh, learned counsel for applicant and learned A.G.A. for State.
2. This bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.174 of 2018, under Sections 420, 406, 427, 323, 504, 120-B IPC, Police Station-Dando, District-Aligarh.
3. Learned counsel for applicant contended that in incident took place in 2017 but FIR has been lodged by first informant in 2018. Applicant has been falsely implicated. He is innocent and he has no criminal history. Applicant is in jail since 07.09.2018. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ramfal involved in aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 28.11.2019 Ashish Pd.