Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23389 of 2019 Applicant :- Suneel And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
Applicants- Suneel and Motilal God seeks bail in Case Crime No. 4 of 2019, under Sections 147, 148, 149, 307, 384, 435, 436 IPC and 7 Criminal Law Amendment Act, P.S. Kon, District- Sonbhadra.
Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that similarly placed co-accused Ritesh Jaiswal and Sanjay Pasavan have already been granted bail by this Court in Criminal Misc. Bail Application No. 21866 of 2019 and 22144 of 2019 vide orders dated 24.5.2019 and 27.05.2019 and the case of the applicants stand on the same footing as that of co-accused Ritesh Jaiswal and Sanjay Pasavan. Lastly, it is submitted that applicants are in jail since 10.4.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicants are in jail since 10.4.2019 and co-accused have already been granted bail by this Court.
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 applicants Suneel and Motilal God be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 4.6.2019 NS