Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43482 of 2017 Applicant :- Srikant Opposite Party :- State Of U.P.
Counsel for Applicant :- Kaushlendra,Nandini Devi Counsel for Opposite Party :- G.A.,Shailesh Kumar Shukla
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 402 of 2017, under Sections 307 IPC, Police Station Gaura Badshahpur, District- Jaunpur.
It is submitted by the learned counsel for the applicant that the applicant is a B.A. second year student and is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that co-accused namely Satish in Criminal Misc. Bail Application No. 38239 of 2017 decided on 7.10.2017 have already been enlarged on bail by another Bench of this Court. It is also submitted that the applicant has not committed the present offence. He does not have any criminal history to his credit. Applicant is languishing in jail since 4.6.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Srikant, involved in Case Crime No. 402 of 2017, under Sections 307 IPC, Police Station Gaura Badshahpur, District- Jaunpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not indulge in any criminal activity;
2. The applicant shall not tamper with the prosecution evidence;
3. The applicant shall not pressurize the prosecution witnesses;
4. The applicant shall appear on the date fixed 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 :- 27.7.2018 Sartaj