Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11772 of 2016 Applicant :- Saurabh @ Gabbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta,Adya Prasad Tewari,Ajay Kumar Srivastava,Nagendra Kumar Singh,Nazrul Islam Jafri,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Bharat Singh
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1012 of 2015, under Sections-302 and 120B IPC, Police Station- Ujhani, District-Budaun and is in jail since 20.12.2015, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. which was lodged by the informant Yogesh Kumar. The name of the applicant as an accused in the present case surfaced for the first time in the alleged extra judicial confession made by the applicant before the informant after two months of the occurrence which does not inspire any confidence and which is apparently fabricated. It is next submitted that no incriminating article has been recovered either on the pointing out of the applicant or from his possession. It is also submitted that there is no tangible evidence on record even prima facie indicating at the complicity of the applicant in the present crime apart from unreliable extra judicial confession. It is further submitted that apart from the case in hand the applicant is accused in six other cases including five cases under Gambling Act and one case under N.D.P.S. Act in which he has been granted bail and necessary averments have been made in this regard in para 4 of the supplementary affidavit. It is lastly submitted that the applicant who is in jail since 20.12.2015 is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Saurabh Gabbar be released on bail in Case Crime No. 1012 of 2015, under Sections-302 and 120B IPC, Police Station-Ujhani, District-Budaun on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by his;
(b) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.4.2018/MT**