Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6130 of 2019 Applicant :- Vijay Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed today which is taken on record.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the applicant that he has been falsely implicated in the case due to ulterior motive, and further contended that applicant is not named in the FIR. The co-accused Sher Singh alias Shera Nai was arrested by police and in his confessional statement the name of applicant came into the light.
The next contention of learned counsel for the applicant is that there is no recovery on the spot against the applicant. It is further contended that another co-accused, Jitendra, has granted bail in Criminal Misc. Bail Application No. 6606 of 2019 by this Court on 15.02.2019. It is further contended that applicant will cooperate the trial and does not misuse the liberty of bail. It is also contended by learned counsel for the applicant that appicant has previous criminal history of four cases and he clearly explain in paragraph 16 of the counter affidavit. The applicant is in jail since 04.09.2018.
Per Contra, learned A.G.A. as well as learned counsel for the first informant vehemently opposed the prayer of bail application contending that offence is serious in nature so bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicant- Vijay Sharma, involved in Case Crime No.
159 of 2018, under Sections - 302, 201, 394 I.P.C., Police Station- Madark, District- Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appears before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 Sweety