Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20131 of 2018 Applicant :- Shekhu @ Aamir Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Dinesh Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated due to ulterior motive. It is further submitted that a false recovery has been shown against the applicant to show his complicity in the offence, the said recovery has not been made in presence of any independent witness. It is further submitted that applicant who is languishing in jail since 20.03.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer has not disputed that applicant has no other criminal history.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Shekhu @ Aamir Khan be released on bail in Case Crime No. 0117 of 2018, under Sections 379, 411, 413 I.P.C., P.S. Kokhraj, District Kaushambi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 Bhanu