Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40832 of 2018 Applicant :- Santosh Diwakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.61 of 2018, under Section 15 DAA Act, P.S. Chhatta, District Agra.
Learned counsel for the applicant has submitted that according to the prosecution case, F.I.R. has been lodged as many as six persons including the applicant on 13.04.2018 and they have been arrested by the Police and currency notes, pistols and Apache motorcycle have been recovered.
Learned counsel for the applicant has further submitted that apart from the aforesaid case, the applicant is also said to be involved in Case Crime No.60 of 2018, in which he has already been granted bail today.
Learned counsel for the applicant has further submitted that the co- accused Dinesh Chandra Goswami has already been granted bail by this Hon'ble Court in Criminal Misc. Bail Application No.24571 of 2018 vide order dated 04.07.2018. He has next submitted that the recovery shown against the applicant is absolutely false and planted. The applicant is wholly innocent and has been falsely implicated in the present case.
He has further submitted that the applicant is in jail since 23.04.2018 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.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant but has submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
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 Santosh Diwakar 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.
Order Date :- 26.10.2018 cks