Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45090 of 2018 Applicant :- Sudhanshu Alias Arvind Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Ritesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sudhanshu Alias Arvind Singh seeking bail in Case Crime No. (F.I.R. No.) 0055/2018, under Sections 272, 273, 419, 420, 467, 468, 471 IPC and 60(1)63 Excise Act, Police Station Dokati, District Ballia.
Learned counsel for the applicant has submitted that in the present case applicant has not been arrested from the spot and no recovery whatsoever has been made from his possession or at his pointing out. His name has surfaced on the basis of statement of the persons living in the vicinity.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in paragraph no. 4 of the supplementary affidavit and the applicant is in jail since 27.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant has not been arrested on the spot and the fact that the applicant is in jail since 27.08.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and 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 the applicant Sudhanshu Alias Arvind Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted 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 :- 28.11.2018 Ashok Gupta