Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 844 of 2019 Applicant :- Vijay Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
This bail application has been moved by the applicant Vijay Pal in Case Crime No. 794 of 2018, under section 5/25 Arms Act, P.S. Budhana, District Muzaffar Nagar.
Learned counsel for the applicant has argued that co-accused Rahul and Imran have been enlarged on bail vide order of the learned Sessions Judge itself whereas the bail application of the present applicant has been rejected on the ground his criminal history and the criminal history of the applicant has been explained in paragraph no. 10 of the affidavit filed in support of the bail application in which the applicant has been enlarged on bail. He has been involved in ten criminal cases and in all the ten case he has been either acquitted or enlarged on bail.
Learned AGA has opposed the bail application but he had admitted that co-accused, who were apprehended along with applicant on the spot have been granted bail by the Sessions Judge in this very case crime number. The criminal history on the basis of which bail of the applicant has been rejected has been properly explained by the applicant in the affidavit and in those cases the applicant is on bail.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vijay Pal, involved in above mentioned Case Crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.1.2019 Pcl