Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44481 of 2018 Applicant :- Ummed Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ummed Singh seeks bail in Case Crime No. 108 of 2018, under Sections 307 323, 504, 506 IPC, P.S. Nibohara, District- Agra.
Learned counsel for the applicant has submitted that applicant is not named in the first information report and even in the statement of the victim Devendra Singh, he has not been nominated as an accused. The name of the applicant has surfaced for the first time in the statements of Km. Neeraj, Ravindra and Smt. Pooja, who has absolutely no concern with the said incident. Learned counsel for the applicant has next submitted that applicant is in jail since 20.9.2018 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. The criminal history of the applicant has been explained in paragraph 3 and 4 of the supplementary affidavit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 20.9.2018.
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 applicant Ummed Singh 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 :- 29.11.2018 KU