Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7277 of 2018 Applicant :- Tinku Pandit @ Rinku Pandit @ Avanish Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against unknown persons, alleging that on 22.2.2017 they shot fire at of Subhashchandra Gupta and looted Rs. 150,000/-, gold and silver articles by unknown persons. On 1.4.2017 Ikrar, Saleem and Salman were arrested by the police and looted articles were recovered from the shop of Bhagwandas Gupta.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. It is case of no injury. Criminal history of the applicant has been properly explained. The name of the applicant was disclosed by co-accused Ikrar, Saleem and Salman. He is languishing in jail since 1.11.2017 (more than three and half month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused Bhagwandas has already been granted bail by trial court.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history of the applicant has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Tinku Pandit @ Rinku Pandit @ Avanish involved in Case Crime No. 78 of 2017, under Sections 395 & 307 IPC, Police Station Aanwla, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018//A. Singh