Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31348 of 2016 Applicant :- Vimlesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Anand Pati Tiwari, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 388 of 2015, under Sections 302, 120B, 34 IPC, Police Station Surajpur, District Gautam Budh Nagar.
3. It is contended that applicant is not named in the First Information Report; he has been falsely implicated in the present case; there was no motive or intention of applicant to commit the alleged offence. Applicant has no criminal history and there are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. Co-accused, Satendra alias Satte has already been granted bail by this Court vide order dated 27.10.2017 passed in Criminal Misc. Bail Application No. 20548 of 2017. The applicant is in jail since 10.07.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Vimlesh, involved in Case Crime No. 388 of 2015, under Sections 302, 120B, 34 IPC, Police Station Surajpur, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before 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.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 22.8.2019 AK