Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40573 of 2019 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that there is no criminal history against the applicant. The allegation against the applicant is that the applicant was apprehended on 3.8.2019 at about 14.35 P.M. along with co-accused Rajesh and the recovery of three country made pistols of 315 bore, one Addhi rifle of 315 bore and some instruments were also recovered from the spot. It is said that the applicant and co- accused were manufacturing the country made pistols. In fact, the applicant has not committed the alleged offence. False recovery has been planted against the applicant. There is no independent witness of the alleged recovery. Offence is trial by the Court's of Magistrate first Class. The applicant is in jail since 4.8.20.19.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vikas involved in Case Crime No. 168 of 2019, under Section 5/25 of Arms Act, P.S. Hastinapur, District Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019 A.