Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43251 of 2018 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Pushpendra Singh,Abhitosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vikas seeking bail in Case Crime No. 1308 of 2018, under Section 307 IPC, Police Station Kotwali Dehat, District Bulandshaher.
Learned counsel for the applicant has submitted that the applicant was falsely implicated in an earlier case under Section 307 IPC by his real uncle on account of family dispute and subsequently on 27.09.2018, applicant has been falsely implicated in the present case showing his arrest by the police and false allegation of firing upon the police personnel has been made, however, no police personnel has received any injury and the recovery of country made pistol is absolutely false and planted.
Learned counsel for the applicant has further submitted that the applicant is in jail since 27.09.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 27.09.2018.
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 the applicant Vikas 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 :- 27.11.2018 Nadim