Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32913 of 2018 Applicant :- Vimal Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is not named in the first information report. He has criminal history of six cases explained in para 15 of the affidavit, filed in support of the bail application.
It has been pointed out by learned A.G.A. that order in Case Crime No.411 of 2015 has not been brought on record and instead an order of anther case crime number is annexed in the affidavit. However, the applicant has prayed for bail on the ground of parity with co-accused Bhalu @ Pravesh, who has been enlarged on bail by this Court vide order dated 28.8.2018 in Criminal Misc. Bail Application 32751 of 2018.
Learned AGA opposed the prayer for bail, but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vimal involved in Case Crime No.350 of 2018, under Sections 395, 397, 412, I.P.C, Police Station Khekra, District Baghpat 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.8.2018 T. Sinha