Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49115 of 2018 Applicant :- Surendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to the prosecution version, when the complainant was returning to his room after closing the shop, two persons came with red chilly powder and thrown the same in his eyes and snatched his bag containing Rs. 30,000/-.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. Only the recovery of Rs.1000/- has been shown from the possession of the applicant. It has been further stated that the co-accused Neeraj has already been enlarged on bail by the court of learned Sessions Judge, Rampur vide order dated 24.11.2018, passed in Bail Application No. 1772 of 2018, copy of which has been annexed as Annexure No.2 of the bail application. There is no criminal history against the applicant. The applicant is languishing in jail since 13.11.2018.
The prayer for bail has been opposed by learned A.G.A. However, he does not dispute the fact that the role assigned to the applicant is similar to co-accused, who has been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that co-accused Neeraj has already been enlarged on bail by the court of learned Sessions Judge, without expressing any opinion on the merits of the case, I deem it appropriate to enlarge the applicant on bail.
In view of the above, let the applicant Surendra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 528 of 2018, under Sections 392, 411 IPC, P.S. Bilaspur, District Rampur, subject to following conditions;
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the court below shall be at liberty to cancel bail of the applicant.
Order Date :- 20.12.2018 A. Tripathi