Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8081 of 2018 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma,Lal Mani Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against the applicant alleging that illegal mining was doing and police was raided on 27.12.2017 he attempted to kill and drove the tractor on home-guard Raghvendra Singh and Ramveer Sharma.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offence under Section 307 IPC is not made out against the applicants. No injury was found on the body of the police personnels. He is languishing in jail since 28.12.2017 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vinod involved in Case Crime No. 501 of 2017, under Sections 4 & 21 Mines and Minerals (Regulation and Development) Act, 1957 and Rule 3, 57, 70 U.P. Minor Mineral (Concession) Rules 1963 and Section 332, 353, 307, 379 IPC, Police Station Fatehabad, District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018//A. Singh