Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8690 of 2019 Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Vimlesh Kumar Rai, Advocate has filed his vakalatnama on behalf of the first informant today in the Court, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri Vimlesh Kumar Rai, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Ravi seeking bail in Case Crime No. 1260 of 2018, under Sections 147, 148, 149, 452, 307, 323, 120B IPC, Police Station Sector-49, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the allegations made in the FIR, no specific role of assault has been assigned to the applicant and only role assigned to him is that of accompanying the co-accused on a motorcycle, which was driven by him.
Learned counsel for the applicant has next submitted that similarly placed co-accused Ajay Pal and Sandeep have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 47107 of 2018 and 5030 of 2019 vide orders dated 07.01.2019 and 05.02.2019 respectively.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 19.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State as well as Sri Vimlesh Kumar Rai, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 19.10.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ravi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 27.2.2019 Nadim