Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6637 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four unknown persons, alleging that on 19.5.2017 they abducted Sanjay Prakash Mittal and driver Bablu, later on driver was left and Sanjay Prakash Mittal was recovered after two hours from the possession of Ushman. The named of the applicant and two accused namely Vikki and Amit Chaudhary were disclosed by co-accused Ushman and stated they were indulged in this crime.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. Offences levelled against the applicant are not attracted in the present case. Criminal history of the applicant has been properly explained. He is languishing in jail since 28.5.2017 (more than nine months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Vikky Alias Vikash Alias Baskar Alias Bhanu and Amit Chaudhary Alias Kanja Alias Pandit Ji have been granted bail by co-ordinate Bench of this Court on 9.1.2017 and 1.11.2017 vide Criminal Misc. Bail Application Nos. 33753 of 2017 and 42150 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history of the applicant has been explained.
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 applicant Ravi involved in Case Crime No. 386 of 2017, under Section 364-A IPC, Police Station South, District Firozabad 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 following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018 A. Singh