Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11564 of 2018 Applicant :- Umesh Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar 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 four accused persons, namely, Anni @ Avnesh, HCP 196 Premdatt, Constable 2130, Constable 2129 Pratap Singh and two unknown persons alleging that on 17.6.2016 they escaped from confinement and used intoxicating substance for releasing accused Anni @ Avnesh from custody with the help of Archana and Madhu, subsequently Anni @ Avnesh was arrested by the police on 7.3.2017.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. He is brother of Anni @ Avnesh. He is languishing in jail since 15.9.2017 (more than six and half month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history.
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 Umesh involved in Case Crime No. 113 of 2016, under Sections 223, 224, 225-A, 328, 108, 120-B IPC, Police Station Greater Noida, District Gautam Budh Nagar 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 :- 30.3.2018//A. Singh