Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49244 of 2018 Applicant :- Sahib Dulai And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present bail application has been filed by the applicants in case crime No. 2038 of 2017, under Sections 380, 411, 420, IPC, Police Station Vijaynagar, District Ghaziabad with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is no motive for the applicants to be involved in the present case. There is no criminal history against the applicants. The applicants are languishing in jail since 05.09.2018 and in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
The alleged incident has been shown of 25.12.2018 but the F.I.R was lodged on 29.12.2017. The applicants are not named in the F.I.R. Keeping in view the submission of learned counsel for the accused-applicant, period of detention of the applicant and all the attending circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicants Sahib Dulai and Sujey Puden involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicants are accused, or suspected of the commission, of which applicants are suspected.
5. The applicants 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 the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 A. Tripathi