Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41939 of 2018 Applicant :- Tasleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey 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 Tasleem seeking bail in Case Crime No. 213 of 2018, under Sections 307, 414 I.P.C., P.S. Sikhera, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that even as per the prosecution case, no injury has been caused to the police personnel and false recovery of a knife has been shown against the applicant for which a separate first information report has been lodged vide Case Crime No. 214 of 2018 under the Arms Act. Learned counsel for the applicant has further submitted that apart from the said case, five motorcycles are also shown to have been recovered from the possession of the applicant however, the said motorcycles have yet not been connected to any criminal case.
Learned counsel for the applicant has further submitted that the applicant is in jail since 30.08.2018 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. He has next submitted that the applicant has no previous criminal history.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that even as per the prosecution case no injury has been caused to any of the police personnel and that the applicant is in jail since 30.08.2018.
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 Tasleem 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 :- 31.10.2018 Arun Gangwar