Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8094 of 2019 Applicant :- Subhash Jaiswal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bishram Tiwari,Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Counter affidavit filed today is taken on record.
Heard Sri M.N. Pathak, learned counsel for the applicants and Sri Mayank Awasthi, learned Brief Holder for the Sate.
Learned counsel for the applicants submitted that the applicants are in jail since 13.01.2019 and has one registered criminal case prior to the present offence. In the said case under section 302 IPC the applicants have since been acquitted. Copy of the judgment of acquittal has been filed alongwith the rejoinder affidavit.
It is next submitted that the applicants have been falsely implicated. it is also submitted that Surendra Pandey and other co-accused have since been g ranted bail by order dated 29.03.2019 passed in Criminal Misc. Bail Application No.12779 of 2019.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicants-Subhash Jaiswal and Tarkeshwar Jaiswal, be released on bail in Case Crime No. 31 of 2019, under Sections 60/63 Excise Act and section 207 M.V. Act, Police station Kotwali Sadar, District Deoria, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants 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 :- 29.4.2019 RPS