Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31495 of 2018 Applicant :- Sachin Shah Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Manoj Singh, Advocate has filed Vakalatnama on behalf of the applicant, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Manoj Singh, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sachin Shah with a prayer to release him on bail in Case Crime No. 530 of 2018, under Sections 384, 385, 120-B, 323, 506, 389 IPC, Police Station Hapur Nagar, District- Hapur, during pendency of trial.
Allegation against the applicant is that on the basis of objectionable video of the daughter of the informant, he was demanded Rs.5000/- from the informant, failing which, he threatened to make video viral. Video was made by co-accuseds, Sachin and Deepanshu, who have been enlarged on bail by the court below, copies of the bail order have been annexed as Annexure No. 6 to the affidavit in support of the bail application. The applicant is languishing in jail since 23.6.2018. He does not have any criminal history to his credit. 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 Sachin Shah 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 :- 20.8.2018 Ruchi Agrahari