Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27975 of 2018 Applicant :- Ravi Nagar @ Ravindra @ Kanha Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Harikesh,Sri V.P. Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ravi Nagar @ Ravindra @ Kanha with a prayer to release him on bail in Case Crime No. 506 of 2018, under Sections 386, 392, 420, 467, 468, 414, 34 IPC, Police Station Bisrakh, District- Gautam Budh Nagar, 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. It has been further argued that applicant has been named by two co- accuseds Rashid Ali and Mahaki Nagar and he has been implicated in this case on the basis of their statements on the allegation of selling looted iron rod(Sariya). The applicant is proprietor of the firm running in the name and style as M/s New Krishna Steels,Ghaziabad. He is engaged in the business of selling iron rod(Sariya). In similar implication he has been granted bail by this court vide orders dated 24.5.2013 and31.5.2013 passed in Criminal Misc. Bail Application Nos. 12110 and 14662 of 2013. The applicant is languishing in jail since 20.6.2018. The criminal history of the applicant has properly been explained in paragraph-28 of the affidavit filed in support of the application. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
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 Ravi Nagar@ Ravindra @ Kanha 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 :- 26.7.2018 Atul kr. sri.