Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20121 of 2018 Applicant :- Shivshekhar Alias Bhola Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Misra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Yogendra Misra, 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 is innocent and has been falsely implicated due to ulterior motive. It is further submitted that the case of applicant is exactly identical to co- accused Sonu, Seetu @ Dherendra and Tinku @ Ravi who have been granted bail by another Bench of this Court vide orders dated 26.04.2018, 03.05.2018 and 08.05.2018 in Criminal Misc. Bail Application Nos. 15433, 16571 and 17191 of 2018 respectively, and applicant is also entitled to bail on the ground of parity. It is further submitted that applicant who is languishing in jail since 18.01.2018 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. has vehemently opposed the prayer on the premise that applicant has criminal history of two cases.
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 Shivshekhar Alias Bhola be released on bail in Case Crime No. 1167 of 2018, under Sections 420, 411, 413 I.P.C. and section 41, 102 Cr.P.C., P.S. Shikohabad, District Firozabad, 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