Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39506 of 2018 Applicant :- Smt. Rekha Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Ashok Kumar Singh Bais,Ravi Kant Shukla Counsel for Opposite Party :- G.A.,Ramesh Chandra Srivastava
Hon'ble Vikram Nath,J.
Heard Sri Rohit Kumar Singh, Advocate, holding Brief of Sri A.K.S. Bais, learned counsel for the applicant and Sri Aatrey Dutt Mishra, learned AGA for the State. No one appears on behalf of the complainant, even in the revised call, although the name of Sri Ramesh Chandra Srivastava, Advocate is printed in the list.
At the out set, learned counsel for the applicant submitted that co-accused Ramgopal having similar role as that of the applicant has since been granted bail vide order dated 26.04.2019, passed in Criminal Misc. Bail Application No.39398 of 2018, Ramgopal vs. State of U.P. Such fact is not disputed by the learned A.G.A. It is also submitted by the learned counsel for the applicant that the applicant is in jail since 09.09.2018 and has no criminal antecedents.
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 applicant- Smt. Rekha, be released on bail in Case Crime No.193 of 2018, under Sections 147, 148, 149, 323, 324 326 and 506 IPC, Police Station Fatehpur, District Saharanpur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 RPS