Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45635 of 2018 Applicant :- Surendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Bahadur Singh Counsel for Opposite Party :- G.A.,Ajay Dubey
Hon'ble Rajiv Gupta,J.
Sri Ajay Dubey has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and Sri Ajay Dubey, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Surendra Singh seeking bail in Case Crime No. 398 of 2016, under Sections 147, 148, 149, 307, 323, 354, 506 IPC, Police Station Etmadpur, District Agra.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that no specific role of assault has been assigned to the applicant. Learned counsel for the applicant has next submitted that similarly placed co-accused Lokendra has already been granted bail by this Court in Criminal Misc. Bail Application No. 43483 of 2016 vide order dated 03.08.2017.
Learned counsel for the applicant has next submitted that the applicant is in jail since 11.10.2018 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 and Sri Ajay Dubey have vehemently opposed the prayer for bail but could not dispute the fact that similarly placed co-
accused Lokendra has already been granted bail and the fact that the applicant has no criminal history to his credit.
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 Surendra 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 :- 29.11.2018 Ashok Gupta