Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16893 of 2019 Applicant :- Satish @ Baba Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Akhilesh Kumar Mishra, Advocate, has filed his Vakalatnama on behalf of complainant which is taken on record.
Heard Sri Arvind Agrawal, learned counsel for the applicant, Sri Akhilesh Kumar Mishra, learned counsel for the complainant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Satish @ Baba with a prayer to enlarge him on bail in Case Crime No.747 of 2015, under Sections 366, 368, 506 I.P.C., Police Station North, District Firozabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR, the victim was persuaded by co-accused Levesh with the help of his family members to go alongwith him. The applicant is father of co-accused Levesh with whom the victim had gone out of her own sweetwill. It is argued that co-accused Levesh has already been granted bail by this Court vide order dated 08.03.2018 passed in Crl. Misc. Bail Application No.32718 of 2016. The case of the applicant stands on better footing to that of co-accused Levesh. Accordingly, the applicant is also entitled for bail. It is next contended that applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.04.2019. Accordingly, he requests for bail.
Learned counsel for the complainant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 25.4.2019 Anand Sri./-