Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29107 of 2018 Applicant :- Sushil Gujjar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is not named in the FIR but his name has surfaced in the statement of co-accused, Phool Miyan. There is no other evidence against him. The applicant is in jail since 29.08.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sushil Gujjar, be released on bail in Case Crime No. 591 of 2017, under Sections- 147, 148, 149, 302, 120B I.P.C., Police Station- Deoband, District- Saharanpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.5.2019 Rohit