Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30875 of 2017 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Mishra,Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
By means of this application, the applicant, who is involved in case crime No. 91 of 2017, Under Section 392 IPC Police Station G.R.P. Aligarh, District Aligarh seeks enlargement on bail during trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that there is criminal history of 12 cases against the applicant, which have been properly explained by the applicant in para No.4 of the supplementary affidavit and in all cases applicant has already been enlarged on bail. It was next submitted that applicant has been falsely implicated in the present case. It is further submitted that no recovery was made from his possession. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 19.05.2017 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Vinod involved in aforesaid case 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.8.2018 Pr/-